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Found 96 results

  1. Hello, my question is about HOA Board of Directors vote. Our association follows Illinois Condominium Act., Declaration, By-laws, Board Rule Book. Association is registered as Non-profit corporation. (1) Our Board members with no membership approval voted to allow the President (board member) to work as property manager assistant for compensation. (Our By-laws: ........Members of the Board shall receive no compensation for their services, unless expressly allowed by the Board at the direction of the voting members having two-thirds (2/3) of the total votes....) Property Manager whom pushed for her becoming his assistant argues that such is allowed by Robert’s Rules and we should read it. We never used or heard of Robert’s rules. Lately our Property Manager points to it frequently but never explains. I was unable to find anything in Robert’s rules regarding this matter. (2) Based on our By-laws most membership believes the President is not allowed to work for compensation and furthermore that elected Board members committed fraud by changing the rule in the favor of another elected official. (3) Also, some members are questioning if the President lost or gave up her position on the Board by accepting the job within the association. Thank you for your time.
  2. Non profit arts organization held a mail in ballot regarding changes to their by-laws. Four months later at the annual meeting the losing side of one issue brings a motion to the floor to hold a voice vote on that very issue, in effect trying to nullify the mail ballot. The president leading the meeting allows it to proceed. Is this legal? Members of this group come from far and wide and many are not able to attend meetings.
  3. Our HOA board voted to do three things - get a documents review from an attorney, ask a specific question regarding the use of the word "shall" in the documents of the attorney, and ask the attorney for feedback regarding live streaming of meetings - and motion was seconded and passed with a $1000 cap in spending. Upon speaking to the attorney, the cost of the document review alone is $1000, thus the two additional items included in the motion cannot be done. What happens to the vote? Is there "language" (an area in RRoR) that can be cited to support the response? The board disagrees strongly about the topics in the motion, thus I want to be sure the next step is validated by our governing rules (RRoR). Thank you!
  4. What are the options available if a voting error is discovered after a meeting has been adjourned and an invalid vote allowed the passage of a motion? Votes were changed after the result was announced, without querying the body if that was acceptable. If something can be done to redress the issue, how is this process handled? Thanks for your assistance!
  5. Our bylaws contain this paragraph: The problem is that "Caucuses" should have been "Caucuses and Clubs", but it was left out of the bylaws during a recent amendment. We're working on getting it put back in. In the meantime, though, I've received this question (as chair of the Bylaws Committee): "If the Steering Committee would agree to allow the club presidents to vote until we change the Bylaws, do you see any obstacles to that?" I know that allowing those who are not members of the assembly to vote is prohibited, but how does it apply to the committee specifically? Everyone involved (as I understand it) is a member of the assembly. TL;DR: Can the committee (or the assembly) give the ability to vote in the committee to those who aren't explicitly included as committee members?
  6. The right to change one’s vote is not restricted to the regular methods of voting (RONR [11th ed.], p. 408). In a vote taken by ballot, may a member who wants to change his vote thus unilaterally require the assembly to redo the balloting from scratch? That would seem to be the only way to preserve the integrity and secrecy of the balloting process but enables an individual to delay business. There seem to be two cases with respect to timing: requesting to change a ballot vote either before or after the tellers’ report has been read (and before the result is announced, in each case). In the latter case, the chair may deem the request dilatory when the tellers’ report indicates a clear result. This case would be similar to a member’s demanding division when the result is clear (p. 342, ll. 24–25). In the former case, though, there doesn’t seem to be a clear reason to curtail a member’s right to change his vote. Is the matter simply up to the chair’s discretion, subject to appeal?
  7. Guest

    Voting

    Hello, if an organization had a vote and the following discrepancies took place: 1. the ballot was presented incorrectly, 2. the instructions for voting were not explained correctly, 3. the number of voting members was misrepresented for a 2/3 vote, 4. the results were announced without the opportunity for discussion, and 5. the president adjourned the meeting without asking for discussion.........is there something in Roberts Rules that justifies a recall vote?
  8. Greetings ... I am part of an organization that in our By-Laws has the following Articles: "Article II - Board of Directors and Duties .... 1. The Board of Directors (BOD) of this association shall be the President, Vice President, Commissioner, Secretary, Treasurer, Director of Marketing, and Assignment Officer. " ... so there are 7 positions on the board. "Article III - Board of Directors ... 1. General Powers and Duties ... c. The BOD may remove any of its BOD members for cause, by 2/3 majority vote of the BOD" My question is this ... If a board member resigns prior to a vote taken under Article III, and their seat on the BOD is unoccupied at the time of a vote, does 2/3 mean four out of 6 (.667) ? Or does the seat still count and the vote must be 5/7 (.714) in order to reach the 2/3 (.667 ) majority vote level? Also, does is matter if only five out of the seven board members are at the meeting when this takes place? Seems to me that the BOD is defined as seven positions, not 7 people, and that if a 2/3'rds vote is required to enact something, 4/7 (.571) votes is not enough to enact or meet the 2/3rds requirement? Even if the whole board is not in attendance at the meeting? The rest of my BOD does not agree with me, hence the question here. Thank You very much in advance for any thoughts or direction you may provide. Feel free to ask for clarification on anything if I haven't described the situation well enough. Thanks again.
  9. We have been told that any motion requiring a vote MUST be done under new business such as accepting the minutes and financial report of the previous meeting. In the past our agenda was: 1. Call to order, salute the flag and prayer. 2. Acknowledge visitors. 3. Present minutes of the previous meeting and motion on the same. 4. Present financial report of the previous month and motion on the same. Now we have items 3 and 4 under new business. Is the way we were doing it in the past not correct according to Robert's Rules of Order? Thank you for any and all information. Dan
  10. Our officer election meeting is next month. We offer absentee ballots for this election. In the event of a tie vote for any of the positions, we will vote again that night. Do we include the absentee ballots for any additional vote taken or are they null after the initial vote? Our by laws do not yet address this.
  11. Guest

    Declined Nomination

    Per our by laws, we nominate eligible members for the executive committee positions this month and vote next. If a member was nominated for a position, but verbally declines the nomination to the membership, can that person still be a write in vote?
  12. Our Board of Directors usually has meetings every two months, but our bylaws allow mail votes without meeting. When if ever do such votes need to be recorded in meeting minutes?
  13. Guest

    huskeyquilter

    Our board agenda is distributed one to two days before each meeting. Can an item be introduced, debated, and voted upon without being on the agenda?
  14. Our Council considered the appointment of an individual to a community board last evening. There were three nominees of which the votes cast were: Nominee 1 - 4 votes; Nominee 2 - 3 votes; and Nominee 3 - 1 vote. The Council membership is 9 members of which one member was absent. My question is: Would the nominee who received four votes be the appointed to the community board? There are some questions as to whether the individual was required to receive a majority of the votes cast by the attending/present members (i.e., 5 votes). (Total Council members present and voting: 8) We follow the provisions of Robert Rules of Order and our Home Rule Charter provides that "A motion must receive the approval of a majority of those present and voting for passage. I could not find any discussion which relates to our scenario and would appreciate any comments regarding this matter."
  15. The Bylaws of our organization specify the President is to be an ex-officio member of all committees except the nomination and oversite committees. The recently elected President (term more than one year) insists she be notified of all committee agendas and meetings be scheduled at times which make it possible for her to attend. She has been in attendance at a number of committees and dominated the proceeding to such an extent members of more than one group have requested the Bylaws Committee frame an amendment stating ex- officio members serve without vote. As a member of the Bylaws Committee i am somewhat reluctant to go forth with this and question whether the action would be appropriate and legitimate. Any help with this would be greatly appreciated
  16. Can a member call for a division of the assembly up until the result of the vote is announced (step 3 in announcing the result) or until the next item is stated by the chair?
  17. Our organization has a bylaws requirement for the NomCom's report to be published to the voting members prior to the annual meeting. Specifically, the bylaws state: "The director shall submit the nominating committee report to the members of the district council at least four weeks prior to the annual meeting." For the first time in our 50+ year history, this notice requirement was not met. I understand from previous posts that the prevailing wisdom on this scenario is that the "report" of the NomCom is "invalidated" at the annual meeting. My naive conceptualization of a NomCom report is that it is functionally consists of two parts: a] an informational report consisting of summary of the committee's work and 'recommendations' (e.g. nominations) much like any report and b] an implied incidental main motion to actually place the slate into nomination (I theorize that it is implied because the report affects this outcome despite no explicit motion being made). Questions: Is this a correct understanding? If so, should not the 'invalidation' only apply to the implied motion and not the whole report? (i.e. the report can be given but the committee cannot place names into nomination) If not, how can a procedural provision of the bylaws silence the work of a whole committee who has correctly executed their duty? Speaking of procedural provisions... would this notice requirement be exempt from being overridden by suspending the rules? What has been proposed is to have the NomCom report that they nominated X, Y, Z candidates but that the lack of notice prevents these people from being nominated by the committee and, thus, they are merely recommendations. (Our election protocol includes a section that requires the NomCom Chair's report to include the oral reading of each office and each candidate(s).) Then, we would proceed with taking nominations from the floor - including those people who would otherwise have been nominated by the committee. Does this make sense? Any other thoughts, input, or ideas? I, as relatively new parliamentarian, will likely have to help the Chair with many questions from an unhappy crowd. I'd like to be fully prepared as well as having an easily understandable explanation for a membership not versed in parli pro. Thanks, in advance, for any thoughts, advice, and help.
  18. Guest

    Mr.

    Is it legal and/or proper for one board member to vote down a current resolution for the sole, stated purpose of their displeasure of a previous, totally unrelated resolution? In this case, the second resolution needed to pass by unanimous vote.
  19. Is a vote required for an office when there is only one person nominated who has been nominated and seconded?
  20. Guest

    Ms.

    Our President has sent out a proposed bylaw change and given the required 30-day notice. In the proposed change, there is a clause that states that to be eligible to serve on the Executive Board you must have been a member for at least a year. I know that at our upcoming meeting when a vote is to be taken that one member is going to propose an amendment that will include additional wording along the lines of "unless no member who has been a member for at least a year is able and willing to serve." Or some wording just to give an out in the unlikely event that this would happen. My question is: does that wording change require another 30 days notice and therefore voting would be pushed back to our next meeting? Or can we vote on the amended motion at the meeting when the amendment is proposed and accepted?
  21. I am the Secretary-Treasurer of a conservation club. At last night's meeting, some of the board members said, that I as secretary do not have a vote. For the last four years, I have made motions and seconds and voted. Now out of the blue they say that I can't. They also said that the previous Secretary-Treasurer did not vote, but I did a search of the minutes and found where he made motions and seconded many other motions over a 10-year span. Our by-laws do not specify whether or not the Secretary-Treasurer can or can't vote. Can a Secretary vote in Board of Director meeting?
  22. Never seen this situation before: Board sends members notice of dues increase, along with invoice and late payment fines. Increase (of about 10%) needed for reserves. Membership vote on said increase to be held 60 days later at Annual Meeting, but that's not stated anywhere in the increase notice or bylaws. When questioned about timing, board said they could issue refunds if vote doesn't pass. This seems backward, inefficient and less than transparent. Are there any RR that address this?
  23. Guest

    Transacting business

    Hi. I live in a homeowner association in Florida. This question of what constitutes "transacting business" came up. Under Chapter 720 we have board meetings, and we have a law that says we can have general gatherings that are just gatherings, like parties. Two weeks ago, we had a "Meet the candidates" night to introduce board applicants and have them answer questions. It makes sense to me that what requires a quorum is transacting business. t also makes sense that there are a number of actions, motions, reports, and so on, come under transacting business. The new property manager tells me the board attorney wrote an opinion that any gathering where a quorum of the board is present and association business is discussed is a "board" meeting, must be called to order, and minutes taken. She made up the minutes, in spite of my objection, and then insisted that she cannot obtain the attorney's opinion from her old job. I objected to her writing them up. That said, should I ask her to get a copy of his opinion, or is one of the underlying premises in Robert's that any gathering of a quorum of the board where business is discussed is permissible to write up and get approval of any gathering of the board. I don't think so. That could mean that a party where a quorum is gathered must be called to order and have minutes. Comments?
  24. I am curious to know if it is appropriate to publish voting results (on secret ballot) for members of our committee as either YES or NO for ratification (persons running unopposed) or must the actual vote counts be published? Our bylaws do not specify how to publish results. There is a history of publishing the counts in the past but this year, the committee published only yes or no in order to preserve the dignity of those being voted into the committee. Our bylaws state that anywhere there is an unanswered issue that Robert;s Rules will preside. Thanks.
  25. Guest

    Transacting business

    Does transacting business occur only when a vote is taken? If not, what other actions are considered transacting business?
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