Guest Dave Posted February 22, 2016 at 08:33 PM Report Share Posted February 22, 2016 at 08:33 PM We had a motion made at a meeting in March, which was seconded and approved (after discussion) by the full board. Later in October, a similarly worded motion was made, discussed, seconded and approved once again by the board. Does this second motion be obsolete, as the motion made in March was the first one? How does one handle two similar motion made in one year? Link to comment Share on other sites More sharing options...
Bruce Lages Posted February 22, 2016 at 09:08 PM Report Share Posted February 22, 2016 at 09:08 PM If the two motions authorized the same action, then the second motion would be out of order, as it would be a motion conflicting with a previously-adopted motion that is still in effect. But two questions - 1) has the action in the first motion been carried out? and 2) does the second motion actually authorize the same action as the first? Note that if the second motion were to call for action that conflicted with that of the first motion, but was adopted by a vote sufficient to satisfy the requirements for a motion to amend something previously adopted (majority vote with previous notice, 2/3 vote or a majority of the entire membership without previous notice), the second motion would be in order and would then change or rescind any actions of the first motion that had not already been carried out. So, in order to give you a more definitive answer, we'd have to know more specifically what each motion was intended to do. Link to comment Share on other sites More sharing options...
Guest Posted February 22, 2016 at 09:13 PM Report Share Posted February 22, 2016 at 09:13 PM The first motion was to simply change the structure of the Board (number of directors), and thus amend the By-Laws, and at the time of the second motion (in October), it had not been carried out yet. The 2nd motion, was a general restatement of the 1st motion (made in March). Link to comment Share on other sites More sharing options...
Bruce Lages Posted February 22, 2016 at 09:44 PM Report Share Posted February 22, 2016 at 09:44 PM Based on your statements, I would say that the second motion is not in order, and is also dilatory. But, why hasn't the action of the first motion been carried out? It was 8 months between motions. Link to comment Share on other sites More sharing options...
Guest Posted February 22, 2016 at 10:02 PM Report Share Posted February 22, 2016 at 10:02 PM Thank you for the very helpful response. This is exactly what I have been looking for. Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted February 22, 2016 at 11:46 PM Report Share Posted February 22, 2016 at 11:46 PM 2 hours ago, Guest said: The first motion was to simply change the structure of the Board (number of directors), and thus amend the By-Laws, and at the time of the second motion (in October), it had not been carried out yet. The 2nd motion, was a general restatement of the 1st motion (made in March). Does the board have the power to amend the bylaws? Link to comment Share on other sites More sharing options...
standing tall Posted February 26, 2016 at 05:04 AM Report Share Posted February 26, 2016 at 05:04 AM Hieu ,I think this is what we are trying find out Link to comment Share on other sites More sharing options...
standing tall Posted February 26, 2016 at 05:07 AM Report Share Posted February 26, 2016 at 05:07 AM Bruce its a good Ol boys club ..out voted on E board ..term puppets ?? Link to comment Share on other sites More sharing options...
Richard Brown Posted February 26, 2016 at 04:56 PM Report Share Posted February 26, 2016 at 04:56 PM On 2/22/2016 at 3:13 PM, Guest said: The first motion was to simply change the structure of the Board (number of directors), and thus amend the By-Laws,. . . . On 2/22/2016 at 5:46 PM, Hieu H. Huynh said: Does the board have the power to amend the bylaws? 11 hours ago, standing tall said: Hieu ,I think this is what we are trying find out Well, the answer to who has the power to amend the bylaws should be easy enough to find out! What do the bylaws say about amending them? If the bylaws don't give that power to the board, then it is only the membership who can amend them, unless your are subject to some statute which would prevail over RONR. Link to comment Share on other sites More sharing options...
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