You may not know that your bylaws might not be legal. Here's why it matters and what you can do about it.
Oct 30, 2025Introduction: The Hidden Risk in the Way Your Church Is Run
Bylaws are the most significant legal documents for any church. They explain how the church works, who is in control, how decisions are made, and what members can do. But many churches utilize bylaws that are out of date, incomplete, or even not valid since they don't follow state laws or show how things work now.
Bad bylaws can make it impossible to manage your ministry, get you in trouble with the law, and even put your nonprofit status at danger. Church Law and Strategy, run by some of the top church governance lawyers, seeks to help ministries locate, fix, and enhance their bylaws so that they can stand up to legal scrutiny and promote excellent leadership.
This official paper talks about the risks of bylaws becoming invalid, why that can happen, and how Church Law and Strategy can assist you make sure your governance is in full compliance.
What Bylaws Are and Why They Are Important for Your Church
Here are the guidelines for bylaws:
- What the board does and how it works
- How to vote and what to do at meetings
- The duties of officers and how elections function
- Rules governing conflicts of interest
- Members' rights and how to deal with discipline
They determine the rules and limits for leaders and protect the church's mission and property.
Why Church Bylaws Don't Work Anymore
Not respecting the law in the state: When organizations write their bylaws, they must obey the rules of their state. These terms won't be enforceable if you don't pay attention to them.
Provisions that are no longer valid or are missing: It is possible that bylaws set years ago do not cover challenges that come up now, such as running many campuses, holding online meetings, or following the rules.
Not enough proper changes and adoption: If the adoption process isn't done correctly or the bylaws aren't updated in a lawful way when changes are made, some or all of the document are no longer valid.
Conflicts with State Law or Articles of Incorporation: Things can be confused when there are inconsistencies, and laws that don't agree with one another are not valid.
What Happens When Bylaws Aren't Valid?
Issues with Governance: Unclear or illogical rules make it harder to make choices, cause fights, and erode the trust between leaders and the congregation.
Weaknesses in the Law: Bad bylaws can put contracts in danger, cause lawsuits, or get the IRS involved, which could hurt your tax-exempt status.
Not Working Well: Without clear guidelines, things get complicated, which puts ministries at risk.
How to Look at and Fix Your Bylaws
Do a Complete Review of the Law: Lawyers compare bylaws to state laws and the best ways to conduct things.
Update for Now: Make sure you follow the regulations for virtual meetings, running several sites, avoiding conflicts of interest, and following the rules.
Make Sure the Correct Adoption Takes Place: Follow the correct steps to receive approval from the board and members, and be sure to write down any changes exactly.
The Trusted Bylaws Authority: Church Law and Strategy
For decades, our church bylaws drafting service and governance lawyers have been doing this:
- Making rules that fit the goals and structure of your ministry
- Following the regulations and laws that change is important.
- Giving ongoing advice and training on how to run things
- Doing comprehensive legal inspections to discover hidden risks
Our clients trust us to protect the foundation of their ministries' leadership.
Questions That Come Up a Lot
Q: How often should we read and amend our bylaws? At least once every three to five years or after major changes to the structure.
Q: Is it possible for us to establish our own rules? If you do things yourself, you could forget key legal duties and best practices.
Q: What happens if someone asks about the bylaws? If your bylaws aren't valid, they can make choices invalid and put your ministry at risk of being sued.
In Conclusion
Make sure your ministry has appropriate bylaws to protect its future. Don't let terrible rules undermine your church's mission and stability. Get in touch with Church Law and Strategy, the experts in strong, legal governance that gives leaders power and protects your mission.
Links Inside
Links to Other Websites
- National Council of Nonprofits Governance Resources: https://www.councilofnonprofits.org/tools-resources/board-governance
- IRS Governance Guidance for Nonprofits: https://www.irs.gov/charities-non-profits/charitable-organizations/governance-and-related-topics
- State Nonprofit Law Summaries: https://www.nonprofitlawblog.com/nonprofit-law-resources/
