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Atul Kapur

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About Atul Kapur

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    PRP, formerly "Student"

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    Ottawa, Ontario, Canada

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  1. Consult an attorney familiar with legislation that applies to Landowner Associations and duties of officers in your jurisdiction.
  2. As you feel this may violate state law or, at least, that the provisions of state law will have an impact here, you should consult an attorney familiar with the applicable law. More generally, it is a good idea to get legal advice before signing any agreements such as is being proposed
  3. I seem to recall more than one thread on this forum discussing the use of a Special Rule of Order to prevent the Renewal of a particular motion within a certain period of time. So I am unclear why a motion to Rescind / ASPA could not be prohibited by a Special Rule of Order. I do not read OP's term "a member" as meaning that the prohibition applies only to one particular member. Rather, I understood it to mean any member.
  4. The whole purpose of debate is to explain your position and try to convince others to agree with you. You should not speak directly to other members but direct your remarks to the chair. However, you are perfectly free to say, "Chair, I will be voting against this motion and I urge everyone else to also vote against it for the following reasons..."
  5. Almost nothing of what you describe is actually in Robert's Rules of Order, Newly Revised. I know that Mr. Martin mention that but I think that this fundamental point is at risk of being missed in this ongoing discussion. Many people claim that they're using "Robert's Rules" and then try to bully others in meetings. I agree with the recommendation of consulting a parliamentarian.
  6. RONR has no limit on what can be brought up under New Business, as long as it truly is new business and doesn't conflict with the bylaws or any procedural laws. Any limitations would have to be in your bylaws or Special Rules of Order. RONR states that bylaws should include a provision requiring previous notice for bylaw amendments .
  7. RONR calls that acclamation. RONR also allows nominations from the floor when the election is actually held. It sounds like your organization has a deadline for nominations which is a while before the election is actually held. In that case, your bylaws should tell you when these acclaimed candidates' term begins.
  8. I believe we three are in agreement. I don't think anything I've said contradicts anything you have said (at least in this thread).
  9. The book's already 716 pages; you want them to make it even longer by including an example of a long and complex committee report? The book does not include every possible example of all situations. That does not mean that they are disallowed. In fact, on page 505, there is a recommendation on the form of a detailed report.
  10. Did the full explanation need to be in the motion itself? I would have thought that the explanation would be in the substance of the committee's report. The motion itself would only contain what is required to put the recommendations into effect.
  11. EMP, you can do all this at the same meeting. That is, you can move to Rescind the motion at the upcoming meeting. If you get either a 2/3 vote or a Majority of the entire membership, then it's rescinded. If neither if those occur -- for example, if the vote is 9-7-2 again -- then you can, at the same meeting, give notice that you will move to Rescind again at the next meeting. By giving notice, then the motion only requires a majority vote at that meeting.
  12. At some conventions, the Resolutions Committee is given the power to do combine similar motions and present one motion that covers more than one motion that was submitted. This committee is described on pages 633-640, the paragraph on "Variations in the Power of the Resolutions Committee" is on page 635. You may also be thinking of a Consent Calendar (aka Consent Agenda), see page 361. If this is what you are thinking of, you need to set this up in your Rules of Order. It's used for routine or noncontroversial motions. Most places where I have seen it used include in their Rule of Order that they are all voted on "in gross or without debate or amendment". That is, one vote covers all the motions on the consent calendar. If you do this, then you should include a provision to allow any member to remove an item from the Consent Agenda in case they want to debate or move an amendment.
  13. If the use of commas in the two sentences were consistent, I might agree with you, Richard (however, Google Oakhurst Dairy to see that even that can be an expensive legal issue). But the fact that the two sentences are not consistent means I agree with Mr. Katz.
  14. Already answered: And, I will add that an assembly can adopt a motion to censure Anyone, member or not.
  15. The Presiding Officer should be impartial, no matter whether she's presiding over the board or the assembly. The exception is if the board is following the "Procedure in Small Boards" (p. 487). Unless the board was meeting in Executive Session, there is no restriction on reporting discussion at the board meeting to the full assembly.
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