Chris Harrison

I'd also check out 2006-12 (right above 2006-13) in case the Board thinks they can overrule the General Membership.

Absentee voting (which voting by email would be a form of) is not allowed unless the bylaws specifically provide for it.  We can't interpret bylaws here so we can't tell you what the bylaw provision you mentioned above means. 

First, is this supposed to be happening at a Board meeting or at a meeting of the General Membership?  Do the bylaws authorize the Board to fill their own vacancies?

3 minutes ago, Guest Dstipanovich said:

Should the member who is resigning give their vote on the new candidate?

Had the resignation already been accepted?  Also, do the bylaws specify there can only be 5 Board members?

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What percentage of board members are needed between the two candidates? Majority or 100%?

Majority unless the bylaws say otherwise.

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It was said that there needed to be 100% vote from the board on one particular canadate? 

RONR doesn't support that assertion.

See FAQ #20.

10 minutes ago, Guest Board member said:

Yes, the secretary wrote in the minutes in 2012, that the board will include in detail questions and concerns from homeowners...

Since this happened 6 years ago you will probably be hard pressed to prove that there was no actual motion made or vote taken. Absent such proof you would need to move to Rescind  this "motion".  See RONR pp. 305-310 for details.

I am not sure I completely understand your question.  Are you saying that no motion was made nor voted on to "allow society’s members questions and concerns to be included in the minutes" but somehow the minutes are reflecting that this motion was adopted?  If that wasn't what happened can you please clarify?

Maybe.  Can you supply more details starting off with what you are referring to by "the Executive"?  Executive Board?  Executive Committee?  Executive Officer?  Something else?

2 hours ago, Guest Macgregor said:

The Secretary of the Board is going to be fired because she can't lift more than 20 pounds. 

Cough...cough...ADA violation anyone?? 

Many eons ago (the 4th Edition or somewhere around then?) wasn't Rescind able to be used on defeated motions as well?

I believe you would make a Request for Information.

You can't suspend the rules to allow proxy voting (RONR pp. 428-429).

Has the Treasurer already resigned?  If not, he or she can ask the assembly who the books should be given to.  If the resignation has already been accepted and there is no Assistant Treasurer (or an officer who reports to the Treasurer) I would say that the books should go to the Secretary because RONR p. 458 says the Secretary is the "custodian of its [the organization's] records, except those specifically assigned to others, such as the Treasurer's books."  Since there is no Treasurer I think it is reasonable to argue the "custodian" of the organization's records should have custody of said records until there is someone to properly take possession of them.

Was there not discussion among the members prior to the vote taking place?  That would have been the time for any "nay-sayers" (or "yea-sayers" for that matter) to say their piece if they were so inclined.

While a member should not vote when she has a financial interest not in common with the other members she can't be compelled to abstain (RONR p. 407 ll. 21-31).  However, if she was going to vote she needed to do it the same time as the others.  Unless your rules say otherwise a 2-2 vote means a majority was not in favor of the motion thus the motion was defeated (no raise for her).

Nothing in RONR would prohibit it though you should check your rules to see what they say on the subject.

Agreeing with the others I'd also be careful in how you phrase your suspicions even outside of the meeting.   You said that the candidate for President is a very popular person and it sounds like you are suggesting that Chuck and Mike are conspiring to arrange things so an unpopular person can slip into the Presidency without the Membership's direct approval.  Just keep in mind that you can possibly get into trouble for what you say wherever you are (see RONR p. 649 onward).  Being popular usually means that you have friends who will take great umbrage to any suggestion you are doing something untoward especially if it can't be proved.

Nothing in RONR prohibits it.

10 hours ago, SaintCad said:

If a woman I assume this extends to "Ms Chairwoman"?

I address a female presiding officer as "Madam Chairman."

7 hours ago, Richard Brown said:

Based on what you have told us, my interpretation is the same as yours.

7 hours ago, Greg Goodwiller said:

If I were a member of your organization, I would interpret the rule as you do.

I would probably have interpreted it the other way (a member can make one nomination and second another).  Which is why it's up to the organization to decide. 

When there is a conflict between the Bylaws and RONR the Bylaws win.  But be careful because you all will probably be creating more headaches then solving.

You should check the C&BL regarding your duties because sometimes they also specify that other duties can be imposed by the Membership (or Board).  If the C&BL do say that and the Membership did adopt a motion instructing the Treasurer to submit a monthly report you have a duty to comply.

Since others besides you noticed the faces I think it could be construed as "disturbing the assembly" which violates decorum (RONR p. 394).

9 minutes ago, Guest Tyler F. said:

Is there is any formal dress code outlines in Robert's Rules?

No.  RONR (mostly) deals with how to conduct meetings not how the members are dressed for it.  RONR could be applied in a meeting of Butlers or in a meeting of nudists and their dressing requirements are probably a bit different. 

This is exactly the reason why RONR discourages mixing in-meeting voting with absentee voting (RONR p. 423 ll. 25-35).  Is it feasible after the election meeting for the absent members to be sent a ballot with the names of everyone who was nominated so they are on equal footing with those who were at the meeting and the results be announced at the next meeting?

Are these 30 people actually members of the Steering Committee or are most of them allowed to attend but have no actual rights of membership?  You may have to check those bylaws to know for sure.