Guest Bobby Posted April 1, 2011 at 01:48 PM Report Share Posted April 1, 2011 at 01:48 PM It was just brought to our boards attention that we held a special meeting without giving proper notice as outlined in our bylaws. The meeting was held months ago and minutes of that meeting have already been circulated. Does the meeting and minutes still stand until we as the board formally meet and make a motion, second, and vote to determine officially if in fact the meeting should be null and void? Or does it automatically become null and void?Thank you. Link to comment Share on other sites More sharing options...
Tim Wynn Posted April 1, 2011 at 01:54 PM Report Share Posted April 1, 2011 at 01:54 PM Or does it automatically become null and void?This one. Link to comment Share on other sites More sharing options...
Chris Harrison Posted April 1, 2011 at 01:55 PM Report Share Posted April 1, 2011 at 01:55 PM It was just brought to our boards attention that we held a special meeting without giving proper notice as outlined in our bylaws. The meeting was held months ago and minutes of that meeting have already been circulated. Does the meeting and minutes still stand until we as the board formally meet and make a motion, second, and vote to determine officially if in fact the meeting should be null and void? Or does it automatically become null and void?Thank you.If proper notice was not given then the rights of absentees were violated and everything done there is null and void (RONR p. 244[e], p, 255). Link to comment Share on other sites More sharing options...
Guest bpierson Posted April 30, 2011 at 04:17 PM Report Share Posted April 30, 2011 at 04:17 PM When this happens, can the procedural defect be cured by adoption of a motion to ratify at a subsequent meeting? Link to comment Share on other sites More sharing options...
Rob Elsman Posted April 30, 2011 at 04:57 PM Report Share Posted April 30, 2011 at 04:57 PM When this happens, can the procedural defect be cured by adoption of a motion to ratify at a subsequent meeting?I think we would have to see what kind of motion you are thinking of to know how to answer your question properly. Link to comment Share on other sites More sharing options...
alanh49 Posted May 1, 2011 at 01:04 AM Report Share Posted May 1, 2011 at 01:04 AM If proper notice was not given then the rights of absentees were violated and everything done there is null and void (RONR p. 244[e], p, 255).What if there were no absentees? Improper notice is not the same as no notice.What if there were absentees but they all agree with want was done at the meeting and are willing to waive their rights? Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 1, 2011 at 01:26 AM Report Share Posted May 1, 2011 at 01:26 AM What if there were no absentees? Improper notice is not the same as no notice.What if there were absentees but they all agree with want was done at the meeting and are willing to waive their rights?The continuing breaches as noted on page 244 define the instances when a Point of Order need not be timely. In any of the five instances noted, a Point of Order can be raised at any time, days or weeks or months later. However, if no one does so, then what was done stays done until then. As the saying goes, rules don't enforce themselves. Link to comment Share on other sites More sharing options...
J. J. Posted May 1, 2011 at 04:05 AM Report Share Posted May 1, 2011 at 04:05 AM What if there were no absentees? Improper notice is not the same as no notice.If there were no absentees, there are no absentee rights.What if there were absentees but they all agree with want was done at the meeting and are willing to waive their rights?RONR does not provide for extracameral waiving of absentee rights (though perhaps it should). Clearly, ratification would be possible. Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 1, 2011 at 10:51 AM Report Share Posted May 1, 2011 at 10:51 AM What if there were no absentees? Improper notice is not the same as no notice.If there were no absentees, there are no absentee rights.Gonna split a hair here. 244[e] refers to violation of a rule that protects absentees, that being the notice requirements, not the violation of absentee rights themselves. The rule requiring notice (in the blaws), was violated. If all members got the notice in time, and even if they all were present, doesn't undo that. Whether any of them wish to do anything about it is their business. Link to comment Share on other sites More sharing options...
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