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BabbsJohnson

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Everything posted by BabbsJohnson

  1. Are there any reasons that the Chair can cite for telling a person they cannot speak in debate? Can the Chair impose limits or prohibitions on a specific speaker or speakers, based on the chairs own opinion of what the speaker has to say? (For these questions, let’s assume the speaker’s remarks are germane, and do not contain violations of decorum).
  2. Let’s say someone just spoke...and then next person is recognized... does the chair have the right to ask that next speaker:: “Do you have anything different to say than the last person?” ...and then refuse to allow that person to talk if they say they do not have a different thing to say? Can they disallow debate from a board member if they do not wish to hear a similar argument?
  3. What if they do not explain, and just say "point not well taken" and nothing more? Are you saying if I say "Appeal!" (and I'm assuming that needs a second) that is when the Chair gets to explain?
  4. So, jsut to clarify why the point was not well taken, before an appeal, is it permissible to make a request for information to the chair?
  5. What is to be done when a chairperson nor the assembly do not know a rule is being broken, and the chair does not know how to handle a point of order? if they rule “not well taken” is it in order to request information about the ruling? to ask perhaps if the chair rules against the point because he/she disagrees that a known rule is being broken, or if he/she disagrees there is a rule that should be followed at all?
  6. So would the answer be to just present the evidence and let the discussion naturally explore/expose the territory of the lies and lawbreaking? Perhaps a motion to censure, or for the board to commit to not allow further law-breaking to take place?
  7. It's not the same as saying "Do not trust this person" or "They are not trustworthy"... ? Added: The people in question have been lying to the board at large, as well as individual board members, and led the entire board into breaking state law.
  8. In a small board where the adjusted rules for a small assembly are being used (7 people), who recognizes the chair to speak? If the chair recognizes everyone else, what stops them from talking whenever they want to, in between other speakers, and making inappropriate comments on the discussion of other members? Inappropriate meanging it's not their turn to speak, they speak more then once before others speak twice, and try specifically to say things that will invalidate what the last person said, or perhaps they rebutt everything a single member says in order to try to dampen any influce the debate may have. Is it always a point of order that is needed, in such situations? If this kind of thing happens over and over is a point of order recommended every time?
  9. Ok, so an assembly could adopt a rule, and if it were that no one could ever make a motion to R/ASPA would be in effect permanently, since no one could ever rescind it?
  10. So just to be clear, it hasn’t been made clear already, can a board make a special rule of order that no board member can make the incidental motion to rescind, repeal, annul (or amend) something previously adopted? I was under the impression from previous answers that making such a motion is a right that should not be taken away by another rule.
  11. OK ...so is a special rule of order only temporary, or can it be permanent? Is there such a thing as a standing special rule of order?
  12. So are you saying that bringing a motion before the assembly to rescind a past action or decision is not a right? Or are you saying that it is a right that can be taken away by the membership only (by a vote of the membership) or by a vote at a meeting of the membership? Because a membership meeting could be comprised of two members... the entire membership voting body is many more (in my case, over 300).
  13. When you say it may only be adopted by the membership, do you mean the entire membership body? Similarly to what is needed to amand by-laws?
  14. Let me try to simplify this a bit. Is the right of a board member to resend or amend something previously adopted as strong or significant a right as making a main motion? If the answer is yes, could a special rule of order be made that states that a board member cannot make motions? Outside of the detail of executive session and what can and can’t be done there, what is the answer to the above question?
  15. In essence, this agreement says we will not disagree with any prior action of the board unless we keep it a secret by bringing it up only in executive session... but due to the restrictions on executive session, that means that a huge number of topics can never lawfully be brought up at all for reconsideration. It seems the agreement is intended to severely restrict or even eliminate the ability for board members to bring up a prior action for reconsideration.
  16. Let me clarify... When I say member I mean board member, and it would apply to all board members. They are asking all board members to sign a document that makes them promise to only bring up a disagreement with a prior action in executive session (and also to keep it secret) which, unless it had to do with a strict list of executive session topics, it would not qualify to be brought up in executive session (and according to our state laws, it would be illegal to discuss or do business on an authorized topics) It’s a bit circular, and I’m not even sure if they planned it that way, but if signed, that would be it’s effect... that nothing would be able to be brought up in open session that any board member disagreed with, even if they planned on asking for reconsideration. I know this seems a bit convoluted, but I hope that the meaning is clear... I’d like to be able to argue (when the time comes) that bringing up a prior decision for reconsideration is as strong of a right as making a motion. Do you think it is?
  17. Would you say that it is a members right to be able to bring up the past decision of the board if they plan on asking for reconsideration or rescinding of the original motion? Can a board make a special rule of order or implement a rule on an agreement of some kind that says that a member can never bring up a past decision for reconsideration?
  18. One thing ...there was an item of business that was improperly handled six months ago. there was a committee that existed, and it was brought to the table in a way that actually broke state law, but I did not know that at the time and I don’t think anyone else did either... there was an (illegal) discussion about getting rid of the committee, and then an announcement that the committee was no more, but there was never a resending of the original motion, and I don’t even think there was a motion or a vote to get rid of the committee it was just a discussion (illegal discussion) and an announcement in open session. If the board acted from that point forward as if this bit of business had been properly handled, what would you say about that? Does it default to some kind of “done deal” mode because they acted as if it was handled correctly? Just a note: The committee had certain privileges, and those privileges were taken away... should they be immediately reinstated or ? If the committee in fact still exists...
  19. I don’t know what to look for or where but it seems that I’ve heard it somewhere explained here I just don’t know how to reference it... and forgive the long exclamation to try to get a clear question out... When a new board gets elected, do the decisions of the old board... do they all go to basically zero? Unless it’s regarding an ongoing vendor contract or something like that? Example: one board member is on the board for several years... and a subject comes up they say “oh, we already decided this about that” (in essence) Do past decisions of the board carry over to new boards? Since HOA board’s typically don’t seem to have the same kind of references that like caselaw for instance, for its own past decision making, doesn’t everything basically reset to zero for every new board? Is there something in RONR that covers this?
  20. I’m not sure I understand, and I think it would be extremely difficult to make such a motion to cover what I’d need it to.
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