If a nonprofit doesn't follow its bylaws, it can face legal consequences, lose its tax-exempt status, and damage its reputation.
Byelaws generally require something to be done – or not to be done – in a particular location. They are accompanied by a sanction or penalty for non-observance. Offences against byelaws attract a penalty fine which can, at present, only be enforced through the Magistrates' Courts.”
Bylaws are your organization's operating manual. They define: Size of the board and how it will function. Roles and duties of directors and officers.
By-laws may be used to set principles for decision-making and to provide for specific rules and regulations, accompanied by offences and penalty clauses. By-laws can also set procedures for the application of authorisations and approvals from the municipality, for example.
Your bylaws are legally binding—so treat them as such. Failure to comply with your bylaws can result in issues ranging from organizational conflict to personal liability, the rejection or loss of tax-exempt status, and in some cases, lawsuits.
There's plenty of work that goes into writing bylaws, so let's break down what you need to get writing! Research. Form a committee. Create the structure. Outline your organization's key roles and responsibilities. Establish your meeting rules. Define your membership. Address finances. Outline the amendment process.