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Seconding a motion


Guest Connie Albers

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Guest Connie Albers

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.

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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?

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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

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).

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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.

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Guest Connie Albers

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!!!!??????

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If a motion is made and there is no second but another board member discusses the motion is that considered a second

No, 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.

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