Rev Ed

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  • Birthday August 19

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  1. I would argue that without a clear statement to the contrary in the By-laws, a write-in vote is legitimate. To me the quoted By-law is dealing with nominations, not election to office. It's all about running for office, not being elected to office1. But ultimately it is up to the organization to decide what the By-law means. Not the attorney, or any other individual member. 1 There could always be something in another By-law that contradicts what I am saying
  2. For a small group, something like "Okay let's get started" works as well.
  3. Yes, and no. Hieu's section says that every member has the right to have the resolution to be read before the vote ("When any paper is laid before the assembly for action, it is a right of every member that it be read once; and, if that it be read again before members are asked to vote on it." RONR 11th ed., p. 299, ll. 4-8), but he section goes on to say that it is up to the group ("Except as just stated, no member has the right to have anything read without permission of the assembly." RONR 11th ed., p. 299, ll. 8-10.)
  4. Well, technically, the Chairman - before calling the meeting to order - is to make sure that quorum is present before calling the meeting to order, or after waiting for a period of time to call the meeting to order and then ask for a motion to adjourn the meeting (page 348 line 34 to page 349 line 7 of RONR 11ed.) Also, at any time, any member of the group meeting, if he/she notices that quorum is absent may make a Point of Order bringing the issue to the Chairman's attention (page 348 lines 16-21). As such, if a Board member who is also a general member notices that there is no quorum can bring this to the Chairman's attention. So while the Board itself may not make this decision, it is their right (if also general members) to make sure there is quorum. But at the end of the day, the Chairman should make sure there is quorum (and as the President may be the Chairman, then a 'Board member' is making this decision, even if doing so in their parliamentary duties (as Chairman) not as a Board member.
  5. Daniel, thank you for that response. Actually, that also sort of helps with what I am trying to say. A defeated motion is a decision not to do something. It just makes it more formal. Doing nothing (i.e. not making a motion at all) is not making a decision as no outcome (passing or defeating the motion) has occurred.
  6. Then why pass a motion not to do something? If the group wishes to make it clear that they do not want to do something, then defeating a motion to do that issue is neither nonsense nor as effective as not making any motion. It makes a clear statement that the group does not want to do something. Yes, I agree that it is better to have no motion at all, but if the group wants to make a statement, then defeating a motion does that.
  7. Or to put it another way, if the group does not want to do something then it is more concise to defeat a motion to take that action. For example, if th group does not want to send out jellybeans to every house in the neighbourhood, then the group should make a motion "To send jellybeans to every house in the neighbourhood', and immediately vote to defeat the motion.
  8. If you have his e-mail address try e-mailing him with the subject written as follows: "IMPORTANT: Next Meeting of the _________ (enter name of organization)" and then in the body of the e-mail include the following statement in capital letters: "PLEASE RESPOND TO THIS E-MAIL WITHIN 48 HOURS TO CONFIRM YOUR ATTENDANCE." If no response is forthcoming, then I would doubt he will attend the meeting. However, to be safe, draw up a draft set of Minutes yourself based on what you remember from the meeting (as the Chairman you should hopefully have some notes yourself.) Then ask others for their input and then present a hard copy at the next meeting for approval. Better to have some sort of official Minutes then none at all. If the Secretary shows up with a draft copy of Minutes, good. At least everyone else has learned the value of keeping their own notes just in case. I do, even when not the Secretary. It makes sure I remember what is going on. And how do I know someone else's draft Minutes are accurate if I don't remember what happened at the meeting?
  9. Well, we don't know what the By-laws say exactly, now do we? Maybe the media outlet is what is required. I personally doubt it - I would imagine that the members must be notified directly. But I don't know that and as others keep reminding me, I cannot make assumptions.
  10. I agree with jstackpo's suggestion. There is no way the Chairman is going to know, in advance, which way a speaker will go (for or against a motion), prior to the member speaking. But no one may be against a motion (there is absolutely nothing wrong with a unanimous decision) or members may not have an opinion (they are free to abstain from voting as well). Or members who have spoken in favour of a motion have convinced others to support a motion. Or even if I am against a motion, if enough members are in favour it may not be worth the energy to prolong the decision by speaking out against the motion.
  11. As RONR states, only what was decided needs to go into the Minutes. However, I am aware of some organizations that will put in a statement regarding why something was done. For example, 'On a motion by Joe Smith, the Board decided to replace the roof of the clubhouse. The roof was last replaced 15 years ago, and water had begun to leak through the roof during heavy rain." Required, no. But up to the organization to decide.
  12. I'd suggest reading the By-laws. What do the By-laws require for notice. If you need to contact members directly, then the membership list is a requirement.
  13. Ok, I'll add the question of why do you want to collect proxies for? Some more details would be appreciated. Although the first thing to tell us is if proxies are allowed. As Richard stated, if there is nothing that allows for proxies (statute or By-law provision) then proxies are null and void.
  14. The By-laws of you HOA would supercede anything found in RONR. Thus, if there is a provision in the By-laws about the removal of officers, that is what you have to follow.
  15. I would like to add my two cents here: wouldn't we need to know what the previous notice was about and then review the By-laws? For example, if previous notice is an intent to move an amendment to the By-laws, and the By-law about amendments reads something along the line of "Notice of any amendments to the By-laws must be made at the previous regular meeting" then the special meeting would not be acceptable. Or what if the By-law read that "Notice must be given at least one month in advance." I think we could use a little more information. Someone please tell me that I am wrong about this.