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Guest Gloria

By-law Amendment submitted with the incorrect Year

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Guest Gloria

An owner submitted a by-law amendment last year but did not submit it in the time frame required to be included on the agenda.  The amendment was resubmitted this year with last years Annual meeting information for inclusion to the members.  Also, written in this proposal was to allow it to be amended with just a majority vote when our by-laws state amending a by-law is with 2/3 vote.

3 questions- It was requested that this be submitted with the correct annual meeting information-Is this appropriate?

If this occurs this person is no longer an owner but does still hold a position on our board as a non-owner, however our by-laws state that by-law amendments must be submitted with 5 owner signatures,which negates this meeting our by-laws

Third can an amendment be submitted requesting a majority vote for amending to override our current 2/3vote requirement?

 

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Your questions are garbled.

I still do not see a question about Robert's Rules of Order.

I will reply to what I read in your text.

***

1.) Can a request to be made? -- Yes. There is no rule which prohibits requests.

2. (Your statement is not in the form of a question.)

3.) You cannot violate your bylaws.

 

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1. Unless having the correct "annual meeting information" is required by your bylaws, I think it's appropriate to correct the year because it doesn't affect the substance of the proposal.

2. You have to follow your bylaws regarding the number of owner signatures required to propose an amendment. If five are required and the amendment was submitted with none, then it's not a valid proposal.

3. The only way to reduce the voting requirement on a bylaw amendment is to amend the bylaws using the current process.

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Guest Gloria

A by-law was submitted 2 months before our annual meeting and one signature on it is no longer an owner.  Our annual mailing will be sent out in 2 weeks and there is discussion as to whether this amendment cannot be placed before the membership since it would not meet the required 5 owners.

Should it relate to when it was submitted or when it is sent to the membership?  This scenario is unique for our organization. 

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Guest Gloria

We require 5 owner signatures and that is all that signed it.  But only 4 signatures are currently owners that are on it.

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7 hours ago, Guest Gloria said:

A by-law was submitted 2 months before our annual meeting and one signature on it is no longer an owner.  Our annual mailing will be sent out in 2 weeks and there is discussion as to whether this amendment cannot be placed before the membership since it would not meet the required 5 owners.

Should it relate to when it was submitted or when it is sent to the membership?  This scenario is unique for our organization. 

It is ultimately up to your organization to interpret its own bylaws, but my personal opinion, which is nothing more than my own opinion, is that the members who  signed the amendment must have been members at the time they signed or submitted it.  I think it is the date of submission (or of the signatures) that is important. 

Like Kim Goldsworthy, I'm a bit confused as to what exactly has transpired.

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