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Found 138 results

  1. At a meeting recently, there was a motion that was seconded. Approximately 2 minutes into the discussion, point of order in regards to quorum was called. There was not quorum so the meeting ended. Should the motion and second be recorded in the minutes even though they were done without quorum? Secondly, does the motion need to come forward as unfinished business in the next meeting? Thank you
  2. our association has some 20 motions ,properly adopted over the years by the membership,at general membership meetings, about our travel policies. some rules and motions are strictly monetary [ spending limits], others are not [ have to do with proper behaviour, ec]. the board reviewed the full set of existing motions, left some intact, rescinded others, revised, combined etc. some now claim that this is an act of amendment of something previously adopted, and as such has to be voted on by the membership. But the parliamentarian ruled that the board's vote is enough. the bylaws say: " Powers of Directors: Subject to the powers of the membership ...all corporate powers of the Association shall be exercised by or under the authority of, and the business and affairs of the Association shall be controlled by the Board. Without limiting the generality of the foreging,the Board shall have the following powers:...... B. to conduct, manage and control the affairs and business of the Association, and to make such rules and regulations therefore that are not inconsistent with the law and with the articles of incorporation or with the bylaws." [The bylaws say that the Association shall follow Roberts Rules.] Now then: Some say that the revision of the existing set of motions is rescinding or amending something previously adopted, and as such it needs the procedures outlined in RR. Others say that the power of the Board is to manage all business functions of the Association, the adoption of rules is such a function, and therefore it is under the sole jurisdiction of the Board, and that the bylaw does not delegates this power to the membership, and so the Baord alone has the power to make rules. What say you? Thanks.
  3. While conducting an online board meetings, several hot topic motions are presented, seconded, and are needing votes. There are 15 members. One is on vacation, one quit (due to the nature of the entire reason of the motions), one is out sick, and one is the president (to which this is about). This leaves 11. But only 6 have voted, all in favor. Because of the nature of the Board's issue, I suspect several will not vote to keep from backlash, and diving friendships. What happens when we do not get the 2/3 votes? These subsidiary motions are tying up the original motion that desperately needs attention.
  4. An organization I belong to has two resolutions being introduced, each from a separate standing committee. The conclusion of the first is to oppose the issue being addressed, and the second resolution supports the issue. Should we allow introduction of both, or is it proper to have the second resolution offered as a substitute? The resolutions are to be introduced and voted on at the full council meeting.
  5. Can a President or Chair of a Board make a motion for the Board to vote on?
  6. Our HOA Just had an election regarding an in house Resident Manager. A Committee was formed to elect Three Candidates, All three were presented and we moved forward to voting first by a motion to eliminating the third (bad idea in retrospect), then BLIND BALLOT Casted for the remaining two. First issue was that there was a TIE (3-3), We are a Nine Member board, we had quorum of more than five (6 specifically), however the PRESIDENT Could not confirm wether a Majority Vote of Quorum members was all that was needed or a Majority of Total board (5). Therefore we closed to discuss the options with our MANAGING AGENT the following day since she was not present at the meeting. Overnight, someone called to change his vote from one candidate to the other Via Phone to our Managing Agent thereby supposedly yielding a Majority. Re-vote was declared via email, however a motion to reconsider candidates was made, and seconded before any second to revote or even official statement motion to revote was made. Is this change of vote automatically considered acceptable and the majority automatically accepted even though it was a blind vote and session closed without continuance issued or will it only count towards a RE-Vote? At this point is a motion to revote necessary? IF So is a motion to reconsider Acceptable from either side voting party since no Majority was declared? If the motion to re-vote is unnecessary and considered automatic then the rest is Moot except for the fact that voting was conducted via email which our by-laws has no specifications regarding the rights of doing so. I believe his change of vote is null for the instance regarding the results of the closed ballot conducted the previous night. It is acceptable change for the revote, however that seems to be a motion that needs to be declared. IN light of a motion to re-vote so too should we consider a motion and second to reconsider before moving forward in voting. The president stood by his decision to allow the automatic revote, tallied new votes (4-0) since the two that motion had abstained, new RM installed. I can not push forward any wrong doing at this point, but as matter of teaching and educating the board, and myself I would love to hear your perspective in accord with ROR. I have read motions regarding votes, and ties, and this is very gray from what I could gather from the existing forums. Unfortunately the formality of Roberts rules is mostly not considered in most board meetings, however, state statutes regarding Condo. Associations specifically recommend we conduct business with such guidance and formality. Mahalo Nui Loa (Thank you very much) KB
  7. Guest

    president/motions

    Can the president of a board make motions and or second motions?
  8. Our Bylaws distinguish between Annual Meetings and Special meetings. Both need to be noticed with time and place but for a special meeting the purpose need to be stated? A. What is meant by "purpose"? B. Does this mean that only motiosn related to the purpose can be discussed and voted? C. Can an extraneous motion such as asking to remove a director be made? (The bylaws only specify a voting percentage but no notice requirements). At a general meeting: D. Is there any motion that cannot be advanced or voted on because it is "not on the agenda" or "has not been noticed"?
  9. Our organization has a recommendation to make to its members. We now have a member who wants to bring a motion forward to stop the recommendation until we make a decision that would be in contradiction to our bylaws. Is this permissable?
  10. What criteria determine when you must use a motion and when it is unnecessary?
  11. Guest

    Amendment legitimacy

    Is it in order for an Amendment to be greater in length and content than the Motion or Resolution to be Amended?
  12. Can anyone who voted in the affirmative on the question that was approved have the right to call the motion to the table again?
  13. Hello all: There is a motion on the floor to change one of the bylaws. The change has to do with the threshold required for the organization to give it's approval to certain action items. Right now the threshold is simple majority. The motion is to increase that threshold to 2/3 instead. Another member offers an amendment to the motion: change the threshold to 2/3, but keep the simple majority if the action item in question is of a limited duration. For example, voting to approve a maintenance contract that is ongoing, versus a maintenance contract that expires in one year. It seems to me that the offer is beyond the scope of the original motion, and should instead be offered after the vote on the original motion is taken. The amendment doesn't really go to the proposed rule change in the motion; it simply adds an exception to it. Or is adding this exception still within the scope? Easier question: someone offers to amend the motion so that the threshold is 3/4 instead. Thanks.
  14. We have a contract or other legal document that requires a vote by a certain date. At the meeting, motion is made to approve the document, another motion to close debate at a specific time and vote on the motion is made and passes by 2/3rds. During debate, can someone make a motion to adjourn to a date after legal requirement? Can they make other procedural motions to delay the vote?
  15. Guest

    motion to rescind

    Our local business association recently passed a motion to donate $1200 to a group that puts on an annual festival. It has been my understanding from past requests from outside organizations that $25 is the max we can donate to any one group. I'm not really sure that this is in accordance with our by-laws and several complained after the fact about the amount. So my research led me to the Motion to Rescind and I sent an email to the other board members stating that I intended to pursue a motion to rescind at our next meeting so that this could be discussed further. I was told that since $$ was involved, I could not present a motion to rescind and that in doing so, it would open up a can of worms for other dollar amounts that were used for any number of projects. We have not issued any checks to the group that requested te money. Is the Board President correct in stating that this motion cannot be made? We obviously need to revisit the wording in our by-laws. I did attempt to table the motion and the person running the meeting that day would not allow that to happen either. Never ending battle. Your input would be appreciated.
  16. Guest

    motion to rescind

    Our local business association recently passed a motion to donate $1200 to a group that puts on an annual festival. It has been my understanding from past requests from outside organizations that $25 is the max we can donate to any one group. I'm not really sure that this is in accordance with our by-laws and several complained after the fact about the amount. So my research led me to the Motion to Rescind and I sent an email to the other board members stating that I intended to pursue a motion to rescind at our next meeting so that this could be discussed further. I was told that since $$ was involved, I could not present a motion to rescind and that in doing so, it would open up a can of worms for other dollar amounts that were used for any number of projects. We have not issued any checks to the group that requested te money. Is the Board President correct in stating that this motion cannot be made? We obviously need to revisit the wording in our by-laws. I did attempt to table the motion and the person running the meeting that day would not allow that to happen either. Never ending battle. Your input would be appreciated.
  17. Situation: During the course of the meeting, a member threatened litigation against the Board. After a heated discussion, member walked out. Subsequent to the walk-out, it was the unanimous opinion of the Board to initiate the provisions in the Constitution to remove said member from the Board. However, a formal motion to amend the agenda to deal with this topic was not taken; however, it was the unanimous opinion of all members present that this procedure needed to be set in motion. Is the motion, which passed without dissenting vote, valid?
  18. Hi there! I'm a part of my college's student senate and I sit on several committees that involve both faculty and students. All of these committees run using Robert's Rules and I just had a question. If I (a student representative on a committee) wanted to yield my speaking time to another student who is NOT on the committee (outside body), am I allowed to yield my speaking time to them so that they may speak? If not, is there any way to recognize them to speak? I only say that because the particular professor who runs our meetings is an extreme stickler for the rules (and occasionally only follows them when they work for him). In my senate meetings usually we simply recognize outside bodies to speak via someone seconding the motion to recognizing them to speak. however these faculty meetings don't run as smoothly or rationally...Thank so much!
  19. Is it possible for the chair to make motions, sua sponte, for example, calling the question? Outside of the chair's report, of course. During the normal conduct of business.... Or do motions need to come from the membership. I cant find the answer to this in RONR11
  20. Can President make motions? We have a new President who is totally unfamiliar not only with RONR but also our organizational structure in general (she was the only person who wanted to run for this office)and she has no understanding of the RONR suggested, if not required, impartiality of the chair (p.394) while running meetings (which would seem to prohibit the chair/Pres from making a motion). However, pp.43 and 488n state that in a small (12 or less, which we are) board, he/she may. I have not yet challenged this as I am unclear on the rules because of this seeming contradiction, yet am concerned that she is exerting improper promotion of her views on the proceedings.
  21. Guest

    Floor Motion

    If a motion comes from the floor, unrelated to anything on the agenda, how is that handled? For example, if a member wished to amend the by-laws to extend the length of our meeting time (say, add 30 minutes), how is it done from the floor?
  22. Guest

    pNmvhH

    is it proper for the presiding officer to move motions
  23. At the last Executive Session, the staff were asked to leave (including the regular minute taker). We were given hand written notes of what happened and the motion that was passed, however, no one can remember the mover and seconder. We normally include the mover and seconder on all our motions. Any suggestions? I've looked everywhere for some guidance.....
  24. We will have before us at the next meeting both a motion to rescind and a motion to amend, on the same previous decision. The motion to amend is in the board packet, while the motion to rescind has only been circulated by email. I understand that the motion to amend can pass with a simple majority while the motion to rescind will require a 2/3 majority. But does one motion take precedence over the other?
  25. Is a second needed if a motion is made by a committee Chairperson and recommended to a Board?
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