Guest Connie Albers Posted March 17, 2011 at 08:59 PM Report Share Posted March 17, 2011 at 08:59 PM Question on legality of a second of a motion. Mrs. D makes a motion to nominated Mr G as Pres of the Board of Directors. There are only two people eligible to vote (Mr G and Mrs D.) Can Mr. G second the motion to nominate himself as Pres? Then Mr G. nominates Mrs D at Secty/Treasurer, Mrs. D seconds her own nomination.Is this Board of Officers legal? It is a 3 member Board of Directors, one Director refuses to take an office but requests to remain a Director only. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 17, 2011 at 09:02 PM Report Share Posted March 17, 2011 at 09:02 PM Question on legality of a second of a motion. Mrs. D makes a motion to nominated Mr G as Pres of the Board of Directors. There are only two people eligible to vote (Mr G and Mrs D.) Can Mr. G second the motion to nominate himself as Pres? Then Mr G. nominates Mrs D at Secty/Treasurer, Mrs. D seconds her own nomination.Is this Board of Officers legal? It is a 3 member Board of Directors, one Director refuses to take an office but requests to remain a Director only.Nominations do not require a second.As for the Director who does not want to take an office, is there some rule of yours that he must? Link to comment Share on other sites More sharing options...
Robert B Fish Posted March 17, 2011 at 09:03 PM Report Share Posted March 17, 2011 at 09:03 PM 1. Seconding of nominations is not required.2. On boards of less than about a dozen, seconding motions is not required.I'm not sure why you said only 2 people on the 3 member board are eligible to vote.-Bob Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 17, 2011 at 09:08 PM Report Share Posted March 17, 2011 at 09:08 PM 1. Seconding of nominations is not required.2. On boards of less than about a dozen, seconding motions is not required.I'm not sure why you said only 2 people on the 3 member board are eligible to vote.-BobMy guess is that the third Board member is the President and they believe that the President cannot vote (which is incorrect per RONR p. 471). Link to comment Share on other sites More sharing options...
Tim Wynn Posted March 17, 2011 at 09:22 PM Report Share Posted March 17, 2011 at 09:22 PM My guess is that the third Board member is the President and they believe that the President cannot vote (which is incorrect per RONR p. 471).Good guess. Perhaps they think a member cannot vote for himself. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 17, 2011 at 09:47 PM Report Share Posted March 17, 2011 at 09:47 PM My guess is that the third Board member is the President and they believe that the President cannot vote (which is incorrect per RONR p. 471).Which would make Mr. X the current president? And yet he refuses to take an office and remain (only) a director, which would suggest he currently does not hold an office. This question is brought to you by the number 3, and the letters D and G, with implicit support of X. Link to comment Share on other sites More sharing options...
Guest Connie Albers Posted March 17, 2011 at 10:06 PM Report Share Posted March 17, 2011 at 10:06 PM Thank you all for your answer.To clarify. There are 3 Board of Directors. No one is Pres, VP or Secty/Treas as yet, that was what they were voting on. The 3rd Director doesn't wish to take an office because of some pending lawsuits, and does not want to be an officer, thereby be included in the lawsuit against the officers of the Homeowners association. So she (I guess) was inelegible to vote. Anyone she excused herself from voting.Thanks again for your answers.Aren't HOAs fun!!!!?????? Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 17, 2011 at 10:14 PM Report Share Posted March 17, 2011 at 10:14 PM Aren't HOAs fun!!!!??????Much like a black hole, yes when you aren't in one. Link to comment Share on other sites More sharing options...
Tim Wynn Posted March 17, 2011 at 10:20 PM Report Share Posted March 17, 2011 at 10:20 PM Much like a black hole, yes when you aren't in one. I've never heard any complaints coming out of a black hole. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 18, 2011 at 12:59 AM Report Share Posted March 18, 2011 at 12:59 AM I've never heard any complaints coming out of a black hole.Or anything else, come to think of it. (Unless you count that pesky Hawking radiation.) Link to comment Share on other sites More sharing options...
Guest Joel b Posted March 18, 2011 at 03:29 AM Report Share Posted March 18, 2011 at 03:29 AM If a motion is made and there is no second but another board member discusses the motion is that considered a second Link to comment Share on other sites More sharing options...
JohnR Posted March 18, 2011 at 03:33 AM Report Share Posted March 18, 2011 at 03:33 AM No, but once debate begins a second is no longer required. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 18, 2011 at 05:59 PM Report Share Posted March 18, 2011 at 05:59 PM If a motion is made and there is no second but another board member discusses the motion is that considered a secondNo, it is not technically considered a second. It hardly matters, though, since the fact that the motion was not seconded becomes moot.A case could probably be made that it ought to be equivalent to a second because the stated purpose of a second is to confirm that at least one other person agrees that it should be discussed. And there's no more sincere way to demonstrate that you believe something should be discussed than beginning to discuss it.Still, it's bad practice because it attempts short-circuits the chair's role of stating the question after it has been moved and seconded, thereby placing it before the assembly. If the motion has not been clearly stated, discussion is not in order because you really don't know exactly what the question is (not that that ever stopped someone).If you're chairing the meeting, I think you should have the pseudoseconder suspend his remarks, until you have had a chance to state the question. i would also then assign the floor to the mover, should he seek it, on the grounds that rewarding bad behavior seldom ends well.If the situation occurs because of an error by the chair, I'd save time and let it go.And I wouldn't have answered here if I had noticed that this was a hijacked thread. Please ask new questions in a new Topic. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 18, 2011 at 06:24 PM Report Share Posted March 18, 2011 at 06:24 PM And I wouldn't have answered here if I had noticed that this was a hijacked thread. Please ask new questions in a new Topic. I'm sorry, can you speak up? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 19, 2011 at 12:54 AM Report Share Posted March 19, 2011 at 12:54 AM I'm sorry, can you speak up?How's this? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.