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  1. Today
  2. Guest

    can any member4 start a committee

    Are you talking about a meeting of all HOA members? If so, the board does not have a deliberative role in that context, except as officers of the association who may be called on to report. Your presiding officer should have pointed out that the assembly's approval is required to create a committee and asked for such a motion.
  3. Joshua Katz

    can any member4 start a committee

    Appointing a committee is an action, and must be taken by someone with authority to do so. The bylaws may explicitly say how committees get created or may give for body, such as the board, a set of powers which includes appointing committees (either exclusively or non-exclusively). Absent that, the assembly can appoint committees. Regardless, the board probably can appoint committees of the board (but not of the assembly without authorization). So no, a member cannot simply announce "we're the audit committee!" Well, he can, but it doesn't mean anything. Nor, though, does it matter all that much, I guess. Unless empowered otherwise, a committee can only make recommendations - i.e. report motions. Any group of members (or people, I guess) can also meet informally and decide to have one of their number, who is able to do so, make a motion, albeit under a different agenda item than "committee reports." Committees don't actually do anything that a group of people can't do on their own, except get called "committee," unless they are given other powers. So the question would be - does this member simply intend to play a game where he calls his friends a "committee" and sometimes makes motions they happen to support, or does he intend to do something else? The board might as well do nothing, since there's nothing to do, unless he insists on giving a "committee report," claims his motions don't need seconds because they came out of committee, or demands a committee budget, or whatever. I might change my opinion on that, though, given more facts.
  4. simplyus

    can any member4 start a committee

    Thank you for the reply. No, the board did not create or appoint the committee. A member created the committee with 3 other members and announced it at our HOA meeting today. As this has never happened before the board did not really know what to do...
  5. Guest

    can any member4 start a committee

    If you're speaking of a committee which the board is empowered to create, then no, it may not be created without the board's approval.
  6. Can an member start a committee without the boards approval?
  7. Richard Brown

    Processing Motions by Email?

    There is one problem with this: Absent a provision in your bylaws, you can only ratify actions taken at a properly called meeting (with a couple of exceptions). As I understand your scenario, there will not be a meeting... properly called or otherwise. You plan to "authorize" action via email ballots and then ratify that action later at a meeting. You can ratify actions taken in the absence of a quorum, and you can ratify some actions taken by officers in excess of their authority, but you cannot ratify action taken outside of a properly called meeting. See the motion to ratify on pages 124-125 of RONR.
  8. A member of your board may make a motion to amend the motion which was adopted by striking out the portion of it which directs the money to go to the designated charity and inserting, in its place, something else. Such a motion requires only a majority vote for its adoption if previous notice is given of the intent to make it. If previous notice is not given, it will require either a two-thirds vote or a vote of a majority of the entire membership of your board for its adoption. See RONR, 11th ed., pages 305-310, for details concerning this motion to Amend Something Previously Adopted.
  9. If a motion to do A & B was adopted by the body that has the authority to do that, it would take a motion to amend something previously adopted to change it. You made the motion, and every "board member" approved it. Does that mean you are a member of the board and this was done at a board meeting and the board has authority to take such action? I'm asking because you also say "members" are saying "they" will vote again. Members of the board, or members of the society/group? It makes me wonder if this is a case where the assembly may want to revisit what the board has done.
  10. I made a motion to sell our property AND for the money to go to a certain charity. This was approved by every board member. Now, members are saying that when we actually sell the property and the money comes in, they will vote on where the money goes. Is this allowed since my original motion was to sell the property and also where the money should go?
  11. jstackpo

    Processing Motions by Email?

    Those are state (&c) laws for corporations, of course. RONR would have none of it for ordinary associations, unless authorized in bylaws.
  12. Guest

    Processing Motions by Email?

    FWIW: On this notion (regarding quorum requirements and actions taken without meetings), I noted after looking around some, that in most State's Corporation, Associations, and/or Non-Profit statutes, that actions taken by a Board, or Shareholders without a meeting must generally meet some minimum level of written consent before the action is official. For instance, in Pennsylvania, Louisiana, and Minnesota, it requires 100% written consent of those entitled to a vote: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=15&div=0&chpt=17&sctn=66&subsctn=0 https://law.justia.com/codes/louisiana/2011/rs/title12/rs12-76/ https://law.justia.com/codes/minnesota/2013/chapters-300-319b/chapter-317a/section-317a.239/ And, in Florida under the non-profit corporations statutes: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0617/Sections/0617.0821.html Therefore, it seems, that if email processing of motions is not a meeting, then it falls under actions taken without a meeting, and where ratification is required under Robert's Rules at a later time, or maybe by specific written consent of all (or some minimum level of) those entitled to a vote, depending on the individual organization's State jurisdictions and statutes. Again, thanks, Jimm
  13. The Fessor

    Published minutes

    Thanks for your responses everyone....I appreciate your time.
  14. Richard Brown

    Bylaw amendments

    Intrmom, I concur with my colleagues and would add that you and others are free to send out letters of your own urging members to vote against the amendments unless you have some rule that specifically prohibits it.
  15. Yesterday
  16. Atul Kapur, PRP "Student"

    Rescind Discipline

    Yes, the same body that made the motion decides on Amending Something Previously Adopted; any member of the board can make the motion. Note that the vote required to ASPA is (a) 2/3 vote, or (b) a majority vote if notice of motion has been given, or (c) a vote of the majority of the entire membership (of the board).
  17. Hal9000

    Rescind Discipline

    Thank you all for your input! It seems as though ASPA may be exactly what was needed in this instance! An additional question: If the "board" imposed the suspension...Would the "board" make a motion at a "board meeting" to amend their previous motion?? Again, Thank you!
  18. Atul Kapur, PRP "Student"

    one person running for board position

    Providing the references for HHH's comment (emphasis added): "If the bylaws require the election of officers to be by ballot and there is only one nominee for an office, the ballot must nevertheless be taken for that office unless the bylaws provide for an exception in such a case." (page 441, lines 25-28). "If only one person is nominated and the bylaws do not require that a ballot vote be taken, the chair, after ensuring that, in fact, no members present wish to make further nominations, simply declares that the nominee is elected, thus effecting the election by unanimous consent or “acclamation.”" (Page 443, lines 7-12) So check if your bylaws require a ballot vote and, if they do, whether there is an exception in the case when there's only one nominee.
  19. Yes, that is what I meant, and I should have been clearer. It is very possible that failure to pay dues could a ground in a disciplinary process for removing someone from membership. Unless the bylaws specify that the member is removed or suspended from membership when his dues are not paid, the the member has all the rights of membership until there is disciplinary action.
  20. I am sure that J.J. did not mean to suggest that a member in arrears of his dues cannot be removed at all. Unless the organization’s rules provide otherwise, however, doing so will require following the procedures in Ch. XX. Many organizations assume that a member who is in arrears may automatically be dropped, but this is not correct unless the bylaws so provide.
  21. I agree with J.J. in part and disagree in part. I agree with his point # 2 that the board cannot remove a member unless the bylaws grant it the authority to do so. However, regardless of whether the bylaws say specifically that a member may be removed for non-payment of dues, I believe that such non-payment would still be grounds for removing a member from the organization based on Section 61 of Chapter XX of RONR as stated in the following provisions on pages 643-644: "In most societies it is understood that members are required to be of honorable character and reputation, and certain types of associations may have particular codes of ethics to enforce. Although ordinary societies seldom have occasion to discipline members, an organization or assembly has the ultimate right to make and enforce its own rules, and to require that its members refrain from conduct injurious to the organization or its purposes. No one should be allowed to remain a member if his retention will do this kind of harm. Punishments that a society can impose generally fall under the headings of censure,* fine (if authorized in the bylaws), suspension, or expulsion. The extreme penalty that an organization or society can impose on a member is expulsion. If there is an article on discipline in the bylaws (p. 583, ll. 6–11), it may specify a number of offenses outside meetings for which these penalties can be imposed on a member [page 644] of the organization. Frequently, such an article provides for their imposition on any member found guilty of conduct described, for example, as "tending to injure the good name of the organization, disturb its well-being, or hamper it in its work." In any society, behavior of this nature is a serious offense properly subject to disciplinary action, whether the bylaws make mention of it or not." (Emphasis added) I think failure or refusal to pay dues and/or to lie about it would constitute grounds for disciplinary action up to and including expulsion from membership. Note: The full blown disciplinary proceedings as specified in Chapter XX would be required to impose any form of discipline, including expulsion, based on what we have been told. Those provisions are rather complex and I urge Guest John to study the provisions of Chapter XX of RONR very carefully before undertaking such a process.
  22. Daniel H. Honemann

    Revisit or new motion?

    Well, no, I do not think that it is too late to raise a point of order, but if, when the point of order is raised, it is then determined that the motion was adopted by a two-thirds vote, the adoption of the motion will stand. This assumes that when you said that it "passed with around a 80 % majority vote" this was just your estimation as to the percentage of the votes cast that were in favor of adoption, and not based upon an actual count.
  23. paulmcclintock

    Postponing beyond a quarter via adjourned meeting?

    I was trying to justify the use of the standard order of business for the 2nd session, because I originally planned a different scenario, with semi-annual meetings, and it remained as a useless, confusing thought in the scenario as posted. Sorry to be confusing! Thanks for all the feedback.
  24. Guest

    Revisit or new motion?

    Thank you for the opinions. After seeing all the discussion here, I don't feel bad about being unsure of the validity of the challenge. What I have garnered here is that the motion was made improperly, but as long as it passed with at least a 2/3 majority the motion will stand as it is to late to bring up a challenge.
  25. There are two problems: 1. Unless the bylaws provide for a member being dropped for nonpayment of dues, he cannot be removed. 2. Unless the bylaws or rules grant the board the authority to remove a member, they cannot (see Chapter XX).
  26. George Mervosh

    substitute motions

    That is the cleanest general explanation of a substitute I've read. I'll be stealing it.
  27. Daniel H. Honemann

    Postponing beyond a quarter via adjourned meeting?

    I think this is essentially correct as well, but I do not know why it is said that "the standard order of business applies because they usually have regular meetings quarterly." The adjourned meeting is a continuance of the session of the preceding meeting, and so its order of business is to continue with the order of business which was controlling the preceding meeting.
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