Joshua Katz

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About Joshua Katz

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    RP, Formerly Godelfan
  1. Oh, sorry, I missed the "special."
  2. The members should amend the proposed agenda so that they like it, and then adopt it.
  3. A member can make a motion to lay the pending motion on the table. It is out of order to do so, though, with the intent of killing the motion without debate. It is appropriate in only a few circumstances, such as an urgent matter arising needing attention, or a desire to lay a series of motions on the table in order to reach an item of business on the agenda, if it is desired that the later item be taken up before the early items. The presiding officer cannot lay items on the table. Once a motion is made, it belongs to the assembly.
  4. In sum: Mr. Transpower has one opinion, the rest of us have another, and neither matters anyway since, I thought, we don't interpret bylaws and it is up to an organization to interpret its own bylaws.
  5. Dr.

    Proxies are not allowed, per RONR, unless permitted in your bylaws (or an applicable procedural law).
  6. Even if the Secretary knows that no one reads the newsletter?
  7. I don't know about "separate from any document," but the bigger point is that notice should be sent the way you'd send it if you actually wanted people to see it. It's not pro forma, you have to actually try (unless you're following a procedure in the bylaws). I don't have a source for that, but it seems like common sense (and is what courts seem to have come up with in federal civil procedure).
  8. Well, the reason I presumed it was that, most likely, such a motion has no effect since it probably violates the bylaws. As I said, I don't see what the manager has to do with this - the manager works for the board. Legal opinions shouldn't be in the minutes, and included one isn't remedied by including more. Again, this should all be handled at the meeting, not in discussions with the manager, and the resolution has nothing to do with what is included in the minutes, but rather with the chair's (and the assembly's) understanding of the applicable law, applicable bylaw, and the motion.
  9. Well, no - if the minutes are incorrect you correct the minutes, you don't (and can't) change what actually happened. However, it's not clear to me what was supposed to have happened. It looks like (maybe?) there was a bylaw amendment setting the terms of office. Then the bylaws weren't followed. The response should be a point of order, not questioning the HOA manager. The chair might rule the point of order well taken, or might rule that, since there's a contradictory applicable procedural law, that applicable procedural law is to be followed instead. Either decision can be appealed. Any ruling is made by the chair, potentially appealed to the assembly - not the HOA manager, and not a legal opinion. So far as RONR is concerned, random letters from attorneys do not change rules - it requires a point of order and a ruling by the chair to say that there is an applicable procedural law.
  10. I found myself stumbling on these, and so stated the rule and left the analysis to the questioner's organization. I think we previously discussed on this forum the question of whether a committee chairman is an officer. If I recall correctly, I thought it wasn't, but the majority opinion seemed to be that qualifications for committee chairs must be in the bylaws. I also see what you're getting at by asking if it's a qualification for office, as opposed to something an incumbent must do. On that, I'm inclined to call it a qualification. Clearly, the President could, himself, impose any informal conditions he chose. I'd think a greater degree of stability would be desired in this matter, though.
  11. Qualifications for office must be in the bylaws.
  12. Yes, where your bylaws and special rules of order are silent, you will follow RONR. Regarding discipline or removal of a board member, the relevant questions are: 1. How do people get on the board (and, if officers, how do they become officers)? 2. What is the term of office for board members and/or officers given in your bylaws? The answers to these will determine who may remove, and how.
  13. RONR provides that, in the case of a conflict between it and your bylaws, your bylaws prevail.
  14. I haven't gathered that. It looks to me like the board, at some point lost to posterity, decided to stick convention rules into the policy manual, which only the board amends (probably because it's meant to be board policies) and has gotten away with it (without knowing they were getting away with anything) ever since.
  15. Only if the rules require the vote to be unanimous - if you mean "can the presiding officer say the motion only passes if the vote is unanimous?" This is not a condition the chair can simply create. If you mean "can the chair demand that the vote be unanimous by pressuring people into changing their votes?" the answer is no. If you mean "can the chair label the vote unanimous when it is such (minus abstentions)" then the answer is yes.