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Found 8 results

  1. Several years back, allegheny county (pa) enacted clean air laws for bars, restaurants and clubs. Certain establishments were eligible for exemption from this, however paperwork had to be filed with the county indicating intent. Our club members chose to remain smoking, the board voted and the paperwork was filed. The current board has decided to overturn this decision to the dismay of many regular members. Is this allowed? Can one board overturn another boards decision? One which will surely effect the club financially? Several members have already indicated they will not come down anymore and will be asking for a refund of their dues? The members have started a petition, to which some of the board said is illegal? Can this be right? Please...any help with this would be greatly appreciated!
  2. The chairman holds all power to call a special meeting. Having submitted a petition to call a special meeting with ample names he is rejecting my petition because it lacks signatures and now refuses to call a meeting until I submit a signed petition. The issue of the petition for a special meeting is to remove the chairman and to discus a lawsuit we are now facing because of our bylaws inconsistency with state law. The current by-laws state, Special meetings of the X Committee may be called by the Y Chairman or by petition to the Y Chairman by twenty (20) percent of the X Committee members. The chairman shall call the meeting within fourteen (14) days of receiving the petition. A written notice shall be sent to each member of the X Committee, by electronic or US Postal Service, specifying the purpose of the meeting five (5) days prior to the meeting. RONR (11th ed.) p. 438, I. 9-16 is the only indexed reference to petitions and offers suggestions for what to include. Looking at special meetings I find RONR (11th ed.) p. 92, I. 13-26 specifies what bylaws should prescribe RONR (11th ed.) p. 576 makes no mention of petitions RONR (11th ed.) p. 586 shows only a sample bylaw petition provision for calling a special meeting Parliamentary Authority is granted to RONR "in all cases to which they are applicable and in which they are not inconsistent with the by-laws or any special rules (none) adopted by the X Committee, Federal or State Law. I don't think the state or federal law is interested in how we define petition for calling a special meeting so the focus is at RONR. Am I missing something? I think this is simply a delay tactic by the chairman. Even the notice for the meeting says written where the petition could be verbal, since the specificity of written is not clearly stated in the same paragraph. Would a written petition with ample names, contact method, and standing in the committee certified with the following statement I declare that the above members have instructed me to include their names on this request ___ signed and dated followed by a received ___signed and dated (by the chairman) suffice to meet the requirement of our current by-laws? Ideally the by-laws would be more clear as to what a petition is, but it is what we have right now. If the chairman refuses to call a meeting in 14 days would the vice-chairman be expected to act in the chairman's absence as prescribed in the vice-chairman's duties?
  3. I recently came across a test question that was something along these lines: "True or False: Petitions and Communications from a superior body can have object applied to them?" I searched through RONR 11th edition but I could not find any mention of petitions or communications in the index or any regular text. Where can I find info on this? I also was not sure what object meant, but I assumed it was short for object to the consideration of the question.
  4. This is a nationwide non profit dog club. Can a member motion to the BOD be required to include a specific number of additional member's signatures if stated as such in the Bylaws?
  5. Guest

    Special Meeting

    If a special meeting is called, following the by-laws of the club, and the purpose stated for the meeting includes voting on something, can a motion made at that meeting override the petitioned purpose of the meeting? So if a special meeting were called to vote on something, can someone make a motion at that meeting to wait to vote?
  6. A petition was signed and a special meeting requested 10 day from notice by 5 shareholders which is 10 percent of shareholders to discuss and vote on coversion from cooperative to condo. the intent was posted but of course many other courses of action could have taken place should the meeting be adjourned for more time a vote could have been taken 30 days out. But the BOD did not like the way the contract read and expected said company to give their info for free with no contract....The BOD felt that more time was needed and the petitioners are willing to allow that and push the meeting. However the BOD do not seem to understand that Calif State Law supercedes our bylaws. This was above board request and they do not have the right to ask for further steps to be taken. They are now asking for a vote by the shareholders to be taken to even allow the education process to begin again without any kind of contract. How can shareholders vote on something they know nothing about. I understand the reasoning...but with all due respect to the company they have been working with on this cause what would be in it for them to do this education and IUA's if their was no gtd of getting the job should the vote pass. Is this leagal? Can a BOD ask that 2 votes be taken? One to even get the education started and then of course the vote to convert would come after. I understand why the company involved needs more assureance that their template for conversion will not be taken and given to someone else. etc...thougths? Feed back? Should the petitioners get an Attorney?
  7. Current bylaws allow a petition to be submitted to a vote of the association if signed by 20 members. A vote is being taken electronically on a revision to the bylaws (and constitution) without the revision being presented at a properly called meeting. Neither the bylaws or constitution permit an electronic vote to approve the revision and RONR is clear that a revision must be presented at a properly called meeting. The business transacted (vote) is invalid (RONR). The result should be invalid as well. The Executive Committee put out the vote improperly (they have no specific power to do it). One of the things the revision does is to remove the authority of the members to vote and give it to a new "board" which will have full power and authority to act for the association. (I know, who would buy into that!) The revision, if passed, requires 60 votes for a petition. The petition is to have the members declare the vote invalid and the result invalid. Are 60 signatures required or just 20 IAW the bylaws in effect at the time the petition was submitted? The petition won't go before the members until a couple of months after the vote. Time is short - the vote ends mid-November. Also - does anyone know if there is another, better way to get the vote declared invalid and the result declared invalid? Thank you.
  8. I set up our unincorporated Association and its Constitution and Bylaws. The Executive Committee (EC) (We have no Board) has set up a revision to the Bylaws which replaces the constitution and old Bylaws. They planned to have an up or down vote online instead of approving it at a meeting of the Association. Several members signed a valid petition to have the revision voted on at a meeting of the Association. The petition is to be voted on at our Annual Meeting in February. The EC has only the authority to manage what the members approve. Each member has one vote on the affairs of the class. The EC has sent the revision out for a online vote - as a proposition to the class - (they are permitted by the bylaws to send out propositions for a vote). The proposition disregards the valid petition/ waiting to be voted on and our governing documents regarding and RONR on how a bylaw revision must be presented for approval. Is a valid petition have some status as a motion or does it restrict actions being taken that would make the petition no longer applicable? Is there some reference for the EC not being able to present the bylaw revision as a proposition for a vote - which gets around the requirement for 2/3 approval and to have it voted on at a meeting of the Association? Sounds pretty far out, but the EC is apparently wanting to pass this revision (which gives them full power and authority and sets them up as a board) without any discussion. Thank you. Woodman
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