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  1. I am a member of an organization that meets annualy to handle business and to discuss changes to our governing documents (constitution, by laws, etc). The proposed legislative changes are printed in booklet form and distributed to the members (delegates) prior to the meeting for review and discussion. These proposed amendments are submitted by a specific deadline, reviewed and published ahead of time. This year, there were two different amendments for the exact same article (article: section: paragraph) proposed and published in the booklet. Both proposed amendments were voted on by the membership and both passed the vote of the membership in attendance. The vote on both was by a show of hands and greatly favored the changes. The first amendment made small but substantial changes to the prargraph in question while the second amendment, voted on after the first had been adopted, substantially changed the wording of the original paragraph. Given that both of the proposed amendments were for the exact same piece of legislation, which one takes precendance, the first one adopted or the second?
  2. Can the board of directors vote on a resolution without bringing it to the membership?
  3. Can new business be introduced, immediately motioned for implementation, second, and voted on without the floor first being open to prior discussion? If it cannot, does that make a vote completed in this manner considered void?
  4. An absentee ballot was sent to the membership for a vote on accepting applicants for memberhsip. The bylaws provide that “active members shall decide by secret ballot and by a majority vote whether to accept the applicant as a member. Those unable to attend may cast an absentee ballot by letter or FAX." "Whether"... The printed ballot had only a "YES" box to check . No alternative. No "NO" box. Q1: Is this allowed, or does it make the ballot invalid? Q2: The COO who created the ballot said that he omitted the NO box intentionally, so as to influence the outcome [and hoping to have more yes votes and more applicants admitted]. Allowed? Objectionable? Punishable? Thank you, Yoram Kahana
  5. The agenda was approved as published at the beginning of the meeting. Question: In New Business can an issue be brought up and voted on that was not on the approved agenda?
  6. Guest

    Naming Names?

    Hi! We have a small advisory committee that tries to follow the rules--mostly on motions and voting. My question is if we had a motion voted on with 6 yes and 1 opposed, in the notes do we name names? There's been some discussion that according to Roberts if we have an opposed, we have to listed the name of the person who voted opposed. We do have a video and audio of the meeting. Thanks! Kim
  7. I am at conflict with the Inter fraternal council on my campus. Unfortunately my representative never attends meetings and is completely out of the loop with what my Fraternity is trying to do. Primarily amend a few different bylaws. I am trying to find out if there is a way the committee can motion to vote allowing me to represent in place of him at our next meeting. They bylaws they use bar us from having a second delegate unless he was approved of at the first meeting. I have searched the Robert Order of Law which is what the committee runs off of for everything not stated in their bylaws. Is there a way the committee can monition to vote allowing me to represent my Fraternity through the Robert order of Law or will i have to drag our representative there and spend a few hours briefing him on what we needed done?
  8. Guest

    Discarding a vote

    Recently, our department held a vote on an issue. The result was 27 (for) - 12 (against). The vote was done by Outlook email which retains privacy of the voters and enables everyone in the department to vote or abstain from voting. In the next meeting, the department chair announced she was discounting the vote and wants the department to wait a number of months for more data from the institutional research department, and then vote on the issue again. Can she do this, according to Roberts Rules of Order, which we are supposed to follow for all meetings and shared governance procedures? I cannot find anything here on the website that pertains to someone throwing out a legitimate vote.
  9. Guest

    Voting procedure

    Recently, at a women's club meeting, there was a vote taken on the motion to raise the organization's dues. The vote was by show of hands. Only the no votes were taken. The president did not ask for a show of hands of those who were in favor of the motion. Is this vote legitimate/valid? Should there be a written ballot vote on financial questions? Under what conditions MUST paper ballots be used? Thanks.
  10. Hi! I'm sure this is going to be an easy one. Then again... Our ByLaws State the following - Article I. Membership Section 2. Dues. Membership dues shall not exceed $25.00 per person per year. The amount of yearly dues shall be determined by the Board of Directors and confirmed by vote of the members no later than the regular meeting date in March. During the Month of March, the Treasurer shall notify members of their dues for the ensuing year. Dues are due and payable on or before June 30th each year. No member may vote whose dues are not paid for the current year. Article II. Meeting and Voting Section 1. Club Meetings. Meetings of the Club shall be held within the xxxxxx area on the second Thursday of each month, at such hour and place as may be designated by the Board of Directors. Notice of such meeting shall be furnished at least 10 days prior to the date of the meeting. The quorum for such a meeting shall be 20 percent of the members in good standing. Section 5. Voting. Each member in good standing whose dues are paid for the current year shall be entitled to one vote at any meeting of the Club at which he/she is present. Proxy voting will not be permitted at any Club meeting or election. Article VII. Amendments Section 2. The constitution and bylaws may be amended by a 2/3 secret vote of the members present and voting at any regular or special meeting called for the purpose, provided the proposed amendments have been included in the notice of the meeting and made available to each member at least two weeks prior to the date of the meeting. Question: A notice went out to the general membership [not sure if it was a whole two weeks prior] indicating the Board was recommending a raise in membership dues and that it would be voted on by the general membership at the next meeting. [Dues will not exceed $25] Club members in good standing = 74 [at the time of the meeting, or so we were told] Vote "by show of hands" Results were 8 FOR - 7 AGAINST Questions: 1. I asked if we had a quorum, I was told we didn't need one. 2. Was the vote "valid"? 3. The members assume the dues have increased, have they? 4. How should this be handled? I appreciate any comments. Dawn
  11. I couldn't find this in another forum discussion so here is my question: 1. During a meeting, various voting members declare a conflict and do not participate in the debate or vote of a particular issue. 2. At a subsequent meeting (where procedures require approval of prior meeting minutes), the conflict is noted in the prior meeting minutes. 3. Is it proper when approving the prior meeting minutes, for the voting members who declared conflicts that are recorded in the prior meeting minutes to vote on approval of those minutes? Thank you for your comments and suggestions.
  12. After voting on a motion, a voting member now declares that she did not in fact vote "for" the motion. It was an oral vote. She did not say "nay" after the question "opposed, same sign", nor did she declare "I abstain". We assumed that her "aye" was captured in the group response. If she in fact, simply remained silent, is her vote considered to be "aye"? We have no way of knowing if she indeed was silent. Thank you!
  13. Guest

    Proxy Voting

    I hold several general proxies from members of my HOA who live out of state. There will be a meeting next month when I will be unable to attend. The proxy contains no language, one way or the other regarding substitution. MAY I GIVE MY PROXY VOTING RIGHTS TO ANOTHER HOA MEMBER IN GOOD STANDING, FOR ONE TIME, TO VOTE IN MY ABSENCE?
  14. Our by-laws state that directors can sit for a 1 or 2 year term and may be voted for a consecutive term at the annual meeting. We are to stagger terms so only half the board is voted on each year. This is the first annual meeting since these by-laws came into effect. We did not specify terms of any current directors. One has been there for over 10 years. One has been for 3 1/2 years. One for 1 1/2. 3 others are less than a year. How should we initiate this? Start with the 3 that have been the longest and vote on the 3 remaining next year? Going forward, we need to establish the term when we bring someone on. How do we vote? Does a director need a majority to stay for a consecutive term? Should this be done with a secret ballot?
  15. In consideration of a small board. If there were present at an open meeting 3 out of 5 BOD, after which an executive session was held where 2 of the 5 BOD were included via telephone, and they discussed thoroughly a topic on which there was to be a vote later in an open meeting..In the open meeting a vote was taken on a motion; 2 of the 3 voted yea, 1 abstain. In announcing that the motion did pass, the chair also announced the votes of the absent members of the BOD as an FYI. Does the vote still pass in that 2/3 of those present voted yea? Or does the vote need to be taken again since the chair announced the pre-determined vote of those not present?---the "understanding" of the motion was quite clear.
  16. Every few years we elect members to a standing committee that has 6 people on it. Since terms on this committee last for two election cycles, we never have to replace everyone at once. Typically we have three openings, and exactly three people who run, so they all make it on. This year we have four openings and seven people running. Our by-laws are silent on voting methods/requirements, so here is the question: some have suggested that on the ballot we should only be able to vote for four of the seven, since there are four spots open. Others have said that Approval Voting is more standard in this scenario, where you can vote for as many people as you would "approve" to fill those spots. Is there a default? We usually do a ballot vote, so the wording on the ballot is crucial here. Again, in the past, these two methods would have looked identical because the # of candidates equalled the number of slots. In either case, how many votes would each person have to make it on the committee? Would it simply be the top four vote-getters, or would each have to receive a majority of votes cast to be on the committee at all? (6 is the max # on the committee, but it is not required). It seems that with Approval Voting, you are more likely to get more candidates to reach that majority threshold. Help! Flipper92
  17. In my organization we have in our statutes that ex-officio members cannot vote. Robert's Rules grants ex-officio members all the same rights as normal members unless otherwise stated. There has been a debate that because we have in our statutes "ex-officio members cannot vote" that also means they are unable to make motions. I disagree because there is nothing in our statutes stating specifically that ex-officio members cannot make motion. Meanwhile others state that because making a motion leads to a vote it, in itself, is essentially the same as voting. So my question; can an ex-officio member motion and is making a motion the same as voting?
  18. Our organization does not have President, VP offices. We do have a Chairman of the board, secretary and treasurer. Can the Chairman of the board vote? Are there times the chairman cannot vote unless only to break a tie?
  19. Hello again, I'm struggling with the difference between a person sitting on a BoD who is not a Member of the association vs a Member on the BoD.. The bylaws state that in order to vote you must be a Member and each member gets 1 vote per owned lot (HOA), and the BoD allows for non-members on the Board, isn't that a conflict of some sort when it comes to voting? Underlying the question is that as an HOA it is clearly stated in the state law for HOA that lot owners are Members. "Association membership.: The membership of an association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped." There are a few homes with renters. Some would like the renters to be able to participate on the BoD, others do not want renters on the BoD. Seems that if renters were given the option for membership and or access on the BoD that would potentially allow 2 votes per lot (the home owner and the renter). Thanks for your thoughts regarding if or who RONR speaks on the subject. Laurie
  20. Guest

    Ballot and voting

    If there are six (6) candidates on the ballot and there are only five (5) positions. My question are you required to vote for five (5)candidates or can you just vote for one (1) or two (2) etc. Are we required to vote for five (5)
  21. Today at a meeting where we follow the latest version Robert's Rules of Order I was told that all votes on expenditures must be done through a rollcall vote. There is nothing in our Constitution or By-Laws which states this. After the members who argued this point were disproved they refered Robert's Rules, but only stating that they think it was in there. Am I correct in believing that Robert's Rules of Order does not require an organization to perform a rollcall vote when voting on expenditures unless otherwise specified by governing documents? Thank you.
  22. My HOA Board sent a letter ballot to homeowners regarding a vote to increase homeowners' annual assessment dues. The instructions stated that unreturned ballots would be counted as a yes vote. I questioned the board chair and management company about this and was told the board has the authority to do this. I completely disagree. I was also told that Robert's Rules of Order were not applicable to our by-laws as they were not stated as being so in the by-laws. Additionally, the declaration of covenants for the homeowners association specifically state that the annual assessment may be increased by voting members "who are voting in person or by proxy, at a meeting duly called for this purpose" and further states that, "the association shall not be entitled to:...change the method of determining the obligations, assessments, dues or other charges which may be levied against an owner." So, essentially, neither the by-laws or covenants specifically state a letter ballot can be conducted for this business. At this point the board plans to proceed with the letter ballot and counting unreturned ballots as yes votes. What is my recourse to challenge these actions?
  23. Guest

    Re voting on an issue

    If there is a Board of five. Two Board member are absent when a vote is taken on a issue and the Board of three vote in favor of the issue. Can the two Board members ask for a retake on the vote when there is a full Board?
  24. Guest

    11th Edition Question

    Where is it specified the each member must be afforded the opportunity to vote (regular member and also board of director)? I would appreciate this, the index in the book is not all that helpful in this case.
  25. WE have 2 people who want to run for 2 offices at one vote Can they do this
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