Guest shrubber Posted May 20, 2010 at 12:47 PM Report Share Posted May 20, 2010 at 12:47 PM Our COR states that upon approval/passing of a new budget, the members will be prorated their fair share of as long as it does exceed $x. We have a seperate article that provides for amending the COR.My question is that if a budget is passed that calls for $x + 10, does that constitute a change in the COR. Or do we first need to amend the COR to read not greater than $x + 10, then propose and pass the budget? Link to comment Share on other sites More sharing options...
hmtcastle Posted May 20, 2010 at 12:56 PM Report Share Posted May 20, 2010 at 12:56 PM Our COR states that upon approval/passing of a new budget, the members will be prorated their fair share of as long as it does exceed $x. We have a seperate article that provides for amending the COR.My question is that if a budget is passed that calls for $x + 10, does that constitute a change in the COR. Or do we first need to amend the COR to read not greater than $x + 10, then propose and pass the budget?You'll need to amend the COR ("Church of the Redeemer"?) first. Link to comment Share on other sites More sharing options...
Guest shrubber Posted May 20, 2010 at 01:15 PM Report Share Posted May 20, 2010 at 01:15 PM You'll need to amend the COR ("Church of the Redeemer"?) first.The Code Of Regulations Link to comment Share on other sites More sharing options...
Guest shrubber Posted May 20, 2010 at 05:52 PM Report Share Posted May 20, 2010 at 05:52 PM The Code Of Regulations Can anyone point out where in roberts that clarifies this. Some here are of the opinion that if the budget passes as $x+10 that the members must pay. Others say that since the COR limits the dues to $x then a budget passed at $x+10 simply will put the association into debt because the members only have to pay $x. Does that make sense? Link to comment Share on other sites More sharing options...
hmtcastle Posted May 20, 2010 at 06:02 PM Report Share Posted May 20, 2010 at 06:02 PM Can anyone point out where in roberts that clarifies this. Some here are of the opinion that if the budget passes as $x+10 that the members must pay. Others say that since the COR limits the dues to $x then a budget passed at $x+10 simply will put the association into debt because the members only have to pay $x. Does that make sense?A motion that conflicts with a bylaw is out of order. If you budget increase the dues beyond the prescribed limit, it's out of order. If it seeks to collect the extra money in another manner, that's a different question. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted May 20, 2010 at 06:05 PM Report Share Posted May 20, 2010 at 06:05 PM Some here are of the opinion that if the budget passes as $x+10 that the members must pay. Wrong.If you adopt a budget, and that budget is conflicting with a previously adopted rule, then Robert's Rules of Order Newly Revised [RONR 10th ed.] says that the later adopted motion is null and void, and that the earlier adopted rule remains in force.Put the other way: Where an old policy and a new policy conflict, the old rule prevails, and the new rule suffers.Others say that since the COR limits the dues to $x then a budget passed at $x+10 simply will put the association into debt because the members only have to pay $x.Correct.(a.) "To adopt a budget of $N" is not the same thing as (b.) "to amend the COR".To amend one's COR, you must:(a.) explicitly amend the COR, directly.You cannot amend one's COR by:(b.) adopting conflicting policies, conflicting budgets, etc., months later, years later, etc. Link to comment Share on other sites More sharing options...
Guest shrubber Posted May 20, 2010 at 06:15 PM Report Share Posted May 20, 2010 at 06:15 PM Wrong.If you adopt a budget, and that budget is conflicting with a previously adopted rule, then Robert's Rules of Order Newly Revised [RONR 10th ed.] says that the later adopted motion is null and void, and that the earlier adopted rule remains in force.Put the other way: Where an old policy and a new policy conflict, the old rule prevails, and the new rule suffers.Any help in a chapter or page number? Link to comment Share on other sites More sharing options...
Guest shrubber Posted May 20, 2010 at 06:21 PM Report Share Posted May 20, 2010 at 06:21 PM nevermind, found it at pg 332. Thanks, have a beer on me. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted May 20, 2010 at 06:30 PM Report Share Posted May 20, 2010 at 06:30 PM have a beer on me. Won't you be wet and sticky if I pour a beer on you? Link to comment Share on other sites More sharing options...
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