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Showing results for tags 'countermand'.
If a committee is charged (but not given "full power") to take particular actions on behalf of the assembly, and the committee acts on that charge within the proper scope of that charge, but the assembly disagrees with a particular action already taken in accordance with that charge, can the assembly countermand the action? If not, are there any other options available aside from further instructions or amending the charges for the future?
Our condo association has advised an owner that they cannot park their RV/Van in the parking lot as the bylaws restrict Motor Homes. The bylaw has been consistently applied this way for 20 years. The new owner wishes to challenge the boards interpretation of the bylaw at the AGM stating that just because it is equipped as an RV it is not used as one so should be allowed inside. This is an oversize van that impedes on neighbouring parking stalls. We have no doubt that the owner would not be successful in her challenge, but in the interest of fairness wish to allow her an opportunity to present her case. I have found a reference of " if the assembly disagrees with a decision made by the board it can be countermanded or rescinded at a meeting of the association." Based on this I am considering allowing a motion to countermand the boards interpretation of the bylaw but can not allow a change to the bylaw. Do you think this would be appropriate and if so what level of support would the motion need? A majority or two thirds? Many thanks.