dgger

A motion to revised one section of our bylaws will be happening at the next member meeting. With previous notice, Roberts Rules say we need 2/3 vote. My question: Is that 2/3 of the assembled votes or the 2/3 of the entire organization? Robert's Rules for Dummies says "Always specify in your bylaws the exact requirements for their amendment. According to Robert’s Rules, you should, at the very least, require a two-thirds vote and previous notice to make any change at all in your bylaws. Our existing bylaws need more specificity and simply say... (h) Power of Members to Change Bylaws. The member of the Association may alter, amend or repeal the Bylaws of the Association at any annual meeting, or at any duly convened special meeting called for that purpose. The Bylaws do also state "In conducting a membership meeting, the President will follow Robert’s Rules of Order to resolve any parliamentary issues." thanks in advance for any help.

The bylaws do not prohibit virtual meetings. Our state laws for HOAs are now authorizing virtual meetings with the exception of board meetings, where at least two board members must hold the meeting in-person with the remainder allowed virtual access. The bylaws simply state the bylaws may be changed at any annual meeting, or a special meeting called for that purpose - northing else. However - The meeting notice did include an agenda that showed a proposed bylaws change - that would require an additional membership meeting.

That's what I feared.

The text I wrote was the actual bylaws quoted. That's all they say. I certainly think specificity is called for in the bylaws. I finally found this on your forum... When the bylaws and RONR conflict, the bylaws win out (RONR pp. 10-11). Thinking that "Robert's Rules of Order requires 30 days notice to members of bylaws changes being proposed" is incorrect because RONR says no such thing. If the bylaws don't require any notice, then they are not required. I don't know how accurate that is since it seems there's various interpretations here and it doesn't speak to the 2/3 vote issue.

Our Bylaws provision for changing the bylaws are pretty simple. stating... " The member of the Association may alter, amend or repeal the Bylaws of the Association at any annual meeting, or at any duly convened special meeting called for that purpose." However, at a recent annual meeting, a motion was made to amend the bylaws - citing the specific text of the existing bylaws, the removal of that text and the full text to replace the old. The motion was discussed and seconded and called for a vote. However, the facilitator then stated just before the vote that is must be presented for vote at the NEXT annual meeting, so this vote is to approve the amendment going to another membership meeting for discussion and vote. Then the vote passed 22 to 4. Then after meeting disagreements began. "Why does this have to go to another annual meeting? Does the facilitator's statement now mandate that we must go through another meeting, when it was clearly in violation to our bylaws? In addition, it was mentioned that an amendment to the bylaws required 2/3 vote, while our bylaws do not have that requirement. This was our first fully virtual meeting and everyone was muted, unable to unmute without facilitator assistance. Several asked to be unmuted but were not.