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Found 19 results

  1. Is Mishandled Meeting Void?

    Our Annual HOA (Homeowner's Assoc.) meeting was conducted very loosely with no opportunity for discussion before voting. There was a Quorum. Proxies were submitted. Notes were taken by the Sec'y. No one raised any Points of Order. It was my first meeting. Certain items that passed involved raising everyone's Assoc. Dues. Q: Is that meeting's Business and voting now Null and Void? Q: Board of Directors President has called for a SPECIAL MEETING to resolve the mess and someone questions the NEED for this new SPECIAL MEETING and I am left wondering how to respond.
  2. ways to invalidate a vote

    There are some actions which, upon a timely Point of Order, will turn: (a.) an adopted motion; into (b.) a null-and-void motion. *** There are at least three kinds of behavior which will trigger the above change: (1.) Previous notice was insufficient. -- A member(s) was/were not mailed the notice. (2.) A member(s) was/were not allowed to attend a meeting. (3.) A member(s) was/were not allowed to vote at a meeting. *** Of the above listed behaviors, there is a circumstance where (a.) the adopted motion will stand. (b.) the adopted motion will be rendered null and void. *** Given a timely Point of Order: Q. Which of the behaviors have a circumstance where the adopted motion will stand? Q. Which of the behaviors will always render an adopted motion as null and void? *** The reader may wish to review some key pages in RONR: (1.) page 252, "Remedy for violation of the right to vote". (2.) page 445, the paragraph which begins, "Otherwise, an election may be contested by . . ." and its bullet items. ***
  3. Hello, This Tuesday our student government voted to pass a motion affirming the results of the election commission. However, it has come to my attention that a portion of the election commission bylaws violates students' fundamental rights guaranteed by the U.S. Constitution. The election results were tabulated with deductions for campaign violations, as per the election bylaws. For example, a candidate violated the university's posting policy and 80 votes were subtracted from his vote total, causing him to lose the election. There is no mechanism for appeal. If this action is unconstitutional, and therefore is in violation of a fundamental principal of parliamentary law, namely the principle of following own specific rules, could I call a point of order violation at the next meeting and make our vote to accept the election commison's results null and void? Essentially, I am asking how I should approach fixing our vote to affirm election results that were tabulated based on election bylaws that are against the Constitution. I mean we basically passed a motion to affirmed an action that violated our students' Constitutional rights. There has to be a remedy for this, right? (FYI, I am in no way involved in the election and do not know any of the cafaiates. I just do not want to see this happening at my campus.) Best, Chris
  4. As Charter Organization for a Boy Scout Troop our sports club voted 2 years ago to issue 2 key cards to the senior troop leaders so they could access our clubhouse on meeting nights. Recently, with no reference to the previously approved motion, a motion was approved to pull the key cards since the troop leaders since they are not also club members and that a club member must now be present at every meeting. Because the recent motion did not specifically refer to the orginal motion was the motion and subsequent vote a breach and point of order? As I understand it, the original motion is still in effect as if the latest motion and vote never took place. Bob Kaufman bobkaufman@msn.com
  5. This may not be a question that can be answered in this forum, but here goes. At a County Commission meeting a motion was made and approved to pay a company money if they would move into the county and agree to hire XX number of employees within a few years. Time passes and a new County Commission is in place. Is there any obligation for the new Commission to honor the previously approved agreement with out a contract ?
  6. Member

    When is "Rising to a Point of Order" action to be used? Can it be used if the Chairman has allowed the meeting to get out of hand and if not what can be used by a member to bring meeting back to an orderly process? What about a Council Member?
  7. If the presiding officer skips over a particular order of business or item of agenda, would it be OK to raise attention to that error by raising a point of order or should a member always use "call for the orders of the day"?
  8. In our organization our constitution states that: the duties of all officers shall be according to Robert's rules of Order, current Edition. I read in RONR p. 470, ll 15-17 that “All points of order and appeals, whether sustained or lost, together with the reasons given by the chair for his or her ruling” should be included in the minutes. I raised a point of order on a matter two meeting ago and the minutes from that meeting have already been approved. However, there is no mentioned that a point of order was ever raised or what the chair’s ruling was! How should I proceed so that the minutes reflect that a point of order was raised? Shall I move under new business that the minutes from the previous meeting be amended so that the point of order is included in those minutes? But since it appears that this should have been included by the secretary to begin with, is there another mechanism that I can use so a 2/3 vote to amend something previously approved can be avoided?
  9. What steps can be taken if a Chairman is unwilling to rule on a point of order? We have asked that that the chairman give a ruling of well taken or not well taken and he will not. Without this ruling we cannot continue with Board business, correct? Any direction will be greatly appreciated.
  10. Our bylaws for PTO state "These bylaws may be amended at any regular or special meeting, providing that previous notice was given in writing at the prior meeting and then sent to all members of the organization by the secretary. Amendments will be approved by a two-thirds vote of those present, assuming a quorum." Written notice was sent to the members prior to the monthly regular meeting in February stating the proposed changes(2/5/14). The meeting was postponed due to weather and held 2/12. The proposed changes were read and it was stated they had previously been sent in writing and posted for the members in public. No motion was made that they were read. At the regular March meeting a member contested that these could not be voted on because according to Robert's rules there was no motion to accept them as read. However, they were not up for a vote at that meeting. He called a point of order when a member made a motion to accept them as read now. The question is, does there have to be a motion to accept them as read when written notice was provided? Shouldn't the motion occur when they are up for vote. Meaning at the next regular meeting someone make a motion, a second, then they are debated, and finally the chair states the question. That is the only time a motion is required, correct?
  11. illegal vote validity

    I understand that a voting body can usurp their by-laws if they vote to do so. But if the body does not vote to do so, and the chair allows an illegal vote to be taken and doesn't allow for points of order, then my question has several paths: Is the vote valid and/or binding or is it void? If the vote (highly contested) is allowed to stand - are there legal repercussions?
  12. There were two motions made at a meeting last month. Motion 1: Moved that Section B be deleted from the proposed policy: "Children using X must be 14 years of age or under." This motion was defeated. Then the following motion was proposed, and it passed: Motion 2: Moved that Section B be amended to read, "Children using X should be 14 years of age or under." A member is now suggesting that the second motion is null and void, since it effectively counteracts the point of the proposed policy (i.e. keeping big people from using X), and the deletion of that policy was already defeated at that meeting. Is this a breach, and if so, was it necessary to raise a Point of Order at the time?
  13. How does one assembly (a special meeting of the membership) raise a point of order about a continuing breach of the Rules by another (the board)? The breach in question is clear, leaving no room for interpretation, and satisfies the other requirements in RONR. The Board has been notified informally, but to no avail.
  14. Our committee has been meeting even though it has fewer members than the minimum required by the bylaws. It is not a question of a quorum; a sufficient number of members were simply not appointed "promptly" after the Annual General Meeting (held three months ago) as required by the bylaws. As no one is disputing the meaning of "prompt" it is not a question of interpretation. Should the chair raise the point herself, declare the meeting and/or any previous actions invalid and simply report the issue to the parent body (i.e. the Board) whose responsibility it is to make the appointments?
  15. Point of order is raised in contentious debate over a motion - does the point of order get included in the minutes?
  16. Point of Order

    I need help! What if someone keeps saying "Point of Order" about things that are not parliamentary in nature? --- ex: she thinks something should have been included in a handout, etc. As presiding officer do I still need to rule on this? if I say the point is not well taken, and explain she needs to state which parilamentary rule someone has broken), she says "oh, it's a rule all right -- it's in there someplace", and then wants to appeal the decision. Do I really need to take an appeal vote on something that is obviously not even a point of order (and waste everyone's time)? This member is very loud, agressive and abrasive, and members are rolling their eyes. She says she knows her rights and her Robert's Rules (ah....a little knowledge....) Many of our members are older and meek, and she has steam-rolled over them for years. Now I've joined, and she resents my leadership. Many of our older members do not even understand "point of order" ....I don't think they could even follow what is involved in an "appeal" (a majority vote in the "negative" is beyond some of their comprehension). So please --- how do I handle this? give me some wording to use with her. Or if I am in the wrong, plese explain why.
  17. I have two questions: Does the parliamentaria of a society have the authority to respond to a point of order without being recognized by the Chair? Is there any recourse when in response to a point of order, the parliamentarian responds with inaccurate and incorrect information? Thank you
  18. Our town occasionally has some controversial subjects. When this shows up at the meetings, someone in the audience will typically shout out “point of order”. Who is able to make a point of order? Is it simply the members of the board, or can audience members do so as well? Also, once a point of order has been ruled upon, can it be made again immediately?
  19. I cannot seem to find an answer to this question - A general meeting was held, slate was unopposed and voted by hand. The slate was passed by a majority of those present. A question was raised after the meeting as to whether a quorum was present and if not, was the vote then illegal? A board meeting is looming, no current board member is going to raise the question. How should this be addressed by the membership? Members are allowed to attend the board meetings, however they have no vote unless they are on the board. Should there be a point of order raised, or is there some other method to address this. Several members not on the board want the election set aside for vote at the next meeting where a quorum would be present.
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