Wild Dunes
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Posts posted by Wild Dunes
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On 2/22/2022 at 4:42 PM, Gary Novosielski said:
Although it may have antedated your involvement, if a special rule of order was adopted, there should be some written evidence of the fact that survives to the present day. If not, I would suspect this may be nothing more than a custom.
Very possible that it is a custom. Something more to research here in our files.
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On 2/20/2022 at 9:24 AM, Dan Honemann said:
Assuming they can find it. 🙂
Yes 😏
Thank you, Mr. Martin and Mr. Honemann.
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On 2/19/2022 at 7:41 AM, Josh Martin said:
Well, Mr. Honemann is correct. I got caught up in the Unfinished Business vs. New Business distinction. In reality, it is neither of these. An item placed on an adopted agenda becomes a general order or a special order. New Business is for items which aren't listed on the agenda.
Under the rules in RONR, if an assembly meets at least quarterly, the assembly is supposed to use the standard order of business in RONR (or a special order of business adopted by the assembly) rather than adopting an agenda for every meeting. What exactly the standard order of business entails is discussed in RONR (12th ed.) 41:5-36.
But I wouldn't feel too bad about this. The misperception that the correct procedure is for every assembly to adopt an agenda for every meeting is extremely widespread.
Thank you for the referral to RONR (12th ed.) 41:5-36. I have read through it and will re-read it. In reading this, it would appear to me that our management, many years ago (as it would be prior to my being an owner in the association and before my involvement as a board member) adopted something such as or similar to the special order of business.
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On 2/19/2022 at 4:30 AM, Dan Honemann said:
Before we get too far into this, let me ask you: has your HOA adopted RONR as its parliamentary authority?
Our Bylaws state "The current edition of Robert's Rules of Orders Newly Revised shall govern the proceedings of the Corporation in all cases not provided for in these Bylaws." Our problem is that historically the board plays kind of loose with RONR. It has only been recently that the board has begun to acknowledge a need for parliamentary implementation. In reading more on this, it would seem that our management (the board) many years back, prior to my residence and prior to my being on the board, adopted something more akin to the special order of business.
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On 2/18/2022 at 10:58 AM, Josh Martin said:
It is New Business.
Thank you. That is my understanding also, but definitely needed confirmation.
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On 2/18/2022 at 11:10 AM, Dan Honemann said:
Except that, if you put this on an agenda which is then adopted (why you would be adopting an agenda for your monthly board meetings is a mystery to me), it will not be new business. It will be either a special order or a general order, depending upon whether or not your agenda sets a particular hour for its consideration.
I'm sorry but I am not understanding your reply. Are you saying that we don't have to adopt an agenda each month, even if that agenda changes, particularly as relates to business items. I am a newbie to understanding RONR so please excuse my lack of knowledge. I can only say that historically, our board has a new agenda for each month's meeting and that agenda includes New Business which are new items of business for the board to consider at that meeting.
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For our HOA monthly board meetings, board members receive an agenda of the meeting that includes supporting paperwork to business items. That agenda lists Unfinished Business and New Business among other topics.
In March 2021 we approved a motion under New Business, say it was 03.01.21.
We now need to rescind that motion.
Question: In putting this on our next agenda, would the action be given a new New Business item number, e.g. 03.03.22, or would we put it under Unfinished Business using the original item number 03.01.21?
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Thank you, Josh Martin & Rob Elsman. I have looked at 47:43-45 and feel we can use that.
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Our HOA has a General Manager position. That position is currently vacant. May our board president serve as acting or interim manager until we have a new manager in place? Our bylaws nor any of our governing documents speak to this.
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George Mervosh. Thought that is the rule. Am reading 12th ed. to confirm. Time is an issue so decided to check here. Thank you for the speedy response. Absolutely what I needed.
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We are electing officers for our 2022 board. Our procedure is that outgoing President presides over the election of incoming President. Does the outgoing President continue to preside over the VP, Secretary and Treasurer positions and then retire, or does the incoming President assume responsibility to finish the elections as soon as elected?
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On 11/5/2021 at 12:20 PM, George Mervosh said:
RONR doesn't require it.
Thanks for this and other reply. Supports what I, a board member, have been attempting to get our President to follow.
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On 11/5/2021 at 12:11 PM, Wild Dunes said:
Thank you. I was incorrect when I used "adjourn." We do as you wrote, adopt a motion to move into exec session.
I should have added. Are we required to have a separate Executive Session Agenda for this session?
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Thank you. I was incorrect when I used "adjourn." We do as you wrote, adopt a motion to move into exec session.
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Our HOA board holds regular monthly meetings. On occasion we adjourn the regular meeting to move into an executive session. Is that exec session handled like a regular meeting - do we have an agenda, do we call roll, have flag salute, etc. And, after meeting begins, we have dispensed with parlimentary procedure in order to have an open discussion on a certain subject. Are we okay with that?
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Mr. Brown, thanks to both you and Mr. Martin, I have my answers.
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Josh Martin. Thank you for this last explanation. I appreciate your time.
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On 10/14/2021 at 5:25 AM, Josh Martin said:
In regard to the President voting, the rules for which Mr. Brown has explained, see FAQ #1. In addition, see RONR (12th ed.) 44:12, 49:21.
I apologize, but I meant to ask if the President can make a motion. Would appreciate a response on that, with statute cited. Thank you for your help.
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Mr. Brown, can you cite the support for president can vote if a member of the assembly please. I have been reading RONR but so far have not found that. I will also be trying to find rule on president seconding a motion - haven't started the search on this one yet. Thank you.
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Referencing 48.4 5) – is this a correct interpretation?
In our Sept meeting corrections are made to the Aug minutes. We enter those corrections into the text of the final Aug document (which, in addition to maintained in official minutes binder, will be distributed via newsletter and online to our Association) and in our Sept minutes we note only that Aug minutes were approved as corrected.
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Thanks to all for your helpful information.
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Thank you.
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Our HOA board oversees the HOA staff which includes a general manager, office and maintenance staff. We had a personnel matter arise whereby we responded to our GM's complaints about a staff's performance. The board met in an Executive Session and concluded that a letter with our decision would be sent to the GM. It was a unanimous vote that the members would review a draft of that letter, and subsequent drafts if necessary until the letter would be finalized. Our board president took it upon himself to compose the decision letter and release it without further consultation with the other members. Does the board president have this authority? This is not covered in our governing documents.
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Anyone know when we might expect the release of the CD-Rom that is mentioned on the robertsrules website as coming early 2021?
Ex-officio members of committees
in General Discussion
Posted
Referring to 50:16 When the bylaws provide that the president shall be ex-officio a member of all committees . . . . . . , and he is not counted in determining the number required for a quorum or whether a quorum is present at a meeting.
Our situation - Our bylaws provide no such mandate. It is, however, general policy that the board president attend committee meetings, can participate in the discussions but does not vote.
Q1. As it is not in our bylaws, does 50:16 apply?
Q2. If 50:16 does not apply, would the president be considered in determining whether a quorum is present at a meeting.
Q3. Beyond clarifying per Q1 & Q2, we are overall concerned with having a quorum of board members (committee member, ex-officio president, nonmember as a guest) at a committee meeting and, if so, would that constitute a quorum of board members that would constitute a board meeting as we would be discussing business.
I'm in a learning phase. Thank you for your help.