Improper motion passed by members

[kavkav]

There's a neighborhood association I've been working with that recently passed a motion to open nominations and hold an election to fill a vacancy in the office of secretary.  The bylaws, however, clearly state that the vacancy must be filled by a vote of the board.

My question is, is the motion considered void since it contradicts the bylaws?  Or must the motion be rescinded at the next meeting?

 

Thanks so much.

[Joshua Katz]

Without offering an opinion on whether or not this motion violates the bylaws, since I haven't read them, a motion that contradicts the bylaws is subject to a point of order.  It is a continuing breach, and so can be objected to at any time it remains in effect.  So, in essence, yes, it is 'considered void,' but only after a point of order is raised and ruled upon at a meeting.  It doesn't need to be rescinded if the point of order is ruled well-taken.  If it is not ruled well-taken, you can appeal.  

[kavkav]

Thank you for the reply!  Here is the relevant section of the bylaws, for clarity: 

Quote

In the event of a vacancy or no candidacy occurring in any office, other than the President, the remainder of that term of office will be served by a person elected by a majority vote of the remaining Board members. If the office of President becomes vacant the Vice-President will serve.

The motion that was passed at the previous meeting was to open nominations for the vacant position of secretary and hold an election on such-and-such date.

I really appreciate your help!

[Richard Brown]

It appears to me, based on the information provided, that only your board can fill that vacancy 

 

[Kim Goldsworthy]

>> In the event of a vacancy or no candidacy occurring in any office, other than the President, the remainder of that term of office will be served by a person

>> elected by a majority vote of the remaining Board members.

>> The motion that was passed at the previous meeting was

>> to open nominations for the vacant position of secretary.

***

So far, these two steps do not necessarily contradict each other.

***

I'm not too crazy about the "... hold an election ..." part, though. The board must do this latter action, not the general membership.

[kavkav]

Thank you all very much for your analysis.