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Gary Novosielski

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Everything posted by Gary Novosielski

  1. Well, they shouldn't be doing that, if they're following RONR. The purpose of a nominating comittee is to nominate people for each office, but the votes for each office are independent of each other, and the list of nominees is not properly called a "slate".
  2. You may, if your bylaws allow it, retain the current officer for as long as it takes you to elect a new president, but in any case you must also keep trying to elect a new president. I'm not sure what you mean by "different sets" of candidates, because candidates aren't usually grouped in "sets", but you seem to be on the right track.
  3. It seems entirely predictable to me.
  4. Well, how do you know they have no voting rights? Look there to see if they have any other rights.
  5. "Formal polls" would be termed "votes". If it's anything less than that, it's straw, and prohibited.
  6. If your president and VP have both resigned, replaced them both. Ask whoever told you that it would automatically come down to the secretary or treasurer to show you the rule. (Spoiler alert--it is not in RONR. But it may be in your bylaws.) There are no time qualifications unless they are in your bylaws.
  7. You should apply your vacancy-filling procedures for the vacant VP position or, if the new president has already resigned, for the presidency. In case you missed it again, the secretary and treasurer are NOT in line for automatic succession, unless you have some specific rules in your bylaws. If so, follow them.
  8. That would require interpretation of the language in your bylaws, considered as a whole. Only your members can do that.
  9. Raging is not permitted under the rules in RONR. The member should simply have raised a Point of Order if he felt the rules were not being observed. But guests may be permitted to speak with the permission of the assembly, and may be permitted to speak in debate, if the rules preventing it are suspended.
  10. A primary reason is to prevent members who like to create havoc from being able to create same.
  11. No. It's your bylaws that would determine that.
  12. In fact, it would be a unanimous vote. But that's never important.
  13. The chair is free to consult anyone, whether or not they are called a "parliamentarian", for advice.
  14. Nope. By adopting RONR as your parliamentary authority, you have effectively prohibited the use of proxies to the greatest extent possible by law. So, unless you have some rule in the bylaws, statutes, or some other higher level document that allows for their use, they remain prohibited. The Board has no power to violate the bylaws or state law. In fact, the board derives whatever powers it does have from the bylaws.
  15. Presumably you have a new secretary now. That's who would sign the minutes, after they are approved at the next meeting. I don't see how the president would be involved.
  16. RONR doesn't have much to say about proxies, except to prohibit them. So any rules about proxies would have to be in your bylaws or in applicable statutes on HOAs.
  17. I think you're forgetting the relatively major point that impeachment isn't even mentioned. Where are you reading in (or reading into) those rules that you have the power to remove the Board?
  18. Well, I didn't say when they would elect new ones. But if it's too long, that dissolution clause may come into use sooner rather than later, after all. Meanwhile, it might be better to remove them one at a time, or remove all but one (who could be trusted to repopulate the board according to the membership's wishes P.S. Sometimes, it's only necessary to remove one. The rest will often get the message. P.P.S. But looking back at those bylaws, they say "resignation or death" which may suggest that "removal" is not an option. Only reading the full bylaws will give you the answer.
  19. Well, of course it could get defeated, but not necessarily. It depends on what the count was of the remaining members who did vote. If there are more Yes votes than No votes, the motion has achieved a majority. The abstaining members don't count in the result.
  20. Clearly, the only option is to change the bylaws. Well, technically, the other option is that she does not get what she wants.
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