Board disputes application of Ronr's ruling

[emin101]

Country Club,Inc. collected cast ballots prior to the establishment of a quorum. Then delayed the meeting to obtain proxy cast ballots. Individuals left meeting after a least a half hour and Board obtained votes by proxy voters and assumed that first quorum count was present After the meeting,a few days later, Board was advised of questionable quorum and the necessity of taking a proper vote as it gave the authority to utilize a sizeable amount of money. Board has disputed the advisory and is proceeding as if it had proper authorization.

What action is open to insure compliance with Roberts Rules.

Gene M.

[Rev Ed]

If there was quorum when the vote was taken, its okay. If not, it is likely too late as no one at the meeting raised the issue.

[jstackpo]

And since the vote involves proxy votes, the answer may turn on the details of your bylaws, or the state law.

[Gary Novosielski]

It is the duty of the chair to confirm the presence of, and the right of any member to note the absence of, a quorum. Without a quorum business may not be conducted. A Point of Order should have been raised at the time. If there is clear and convincing proof that a quorum was not present when the vote was taken, then a Point of Order can still be raised (at a meeting) that the action taken should be ruled null and void.

But merely doubting it after the fact is considered neither clear nor convincing, and so the action would stand.

[David A Foulkes]

Country Club,Inc. collected cast ballots prior to the establishment of a quorum.

What do you mean collected? Ballots were handed out and collected? Was this at a meeting that was called to order without a quorum, and a motion was made (and seconded and debated) and then the vote was commenced, all before a quorum was present? Was a quorum ever attained?

Then delayed the meeting to obtain proxy cast ballots.

You mean the chair assumed a motion to recess that was not objected to? Or do you mean delayed calling the meeting to order?

Individuals left meeting after a least a half hour and Board obtained votes by proxy voters

So, some people left and the proxy holders arrived to cast their proxy votes? And why is the Board involved? Was this a Board meeting, or a membership meeting?