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sawtooth

Reconsidering, Amending or Rescinding a motion, etc.

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I am a Board member of a HOA. At our last meeting in early September, the Board approved a motion directing my committee to hire an attorney for the purpose of getting a legal interpretation regarding one of our covenants. At this point in time, the committee has three attorney's listed to contact - though no formal contact has taken place. Since the meeting, as the Chair I have received several emails from the Board president, who did not support the vote. The latest emails direct the committee to not pursue the board action any further based on his concerns regarding what repercussions such action may have (this may end up being an enforcement issue regarding how a property is being used). Furthermore, he stated this in an email update to the Board.

While I am not an expert on Roberts Rules, it appears that he does not have the authority to do this and that the Committee needs to move forward as directed by the Board vote. It is my understanding that he can not ask for reconsideration of the vote because he was not on the prevailing side. Furthermore, it does not appear that the vote can be amended or rescinded. Our board will not be meeting again til the spring - and due to the nature of the Board, I believe a special meeting would be difficult to arrange.

Can I have an opinion on whether or not he has the authority to essential reverse the action of the Board and if reconsideration, amending or rescinding the motion is an option?

Thanks!

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The President only has the authority the bylaws give him (RONR p. 456 lines 25-28). It is too late to Reconsider the motion but it probably is subject to Rescission or Amendment provided that it hasn't been fully executed yet. See RONR pp. 305-310 for full discussion on that motion.

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I am a Board member of a HOA. At our last meeting in early September, the Board approved a motion directing my committee to hire an attorney for the purpose of getting a legal interpretation regarding one of our covenants. At this point in time, the committee has three attorney's listed to contact - though no formal contact has taken place. Since the meeting, as the Chair I have received several emails from the Board president, who did not support the vote. The latest emails direct the committee to not pursue the board action any further based on his concerns regarding what repercussions such action may have (this may end up being an enforcement issue regarding how a property is being used). Furthermore, he stated this in an email update to the Board.

While I am not an expert on Roberts Rules, it appears that he does not have the authority to do this and that the Committee needs to move forward as directed by the Board vote. It is my understanding that he can not ask for reconsideration of the vote because he was not on the prevailing side. Furthermore, it does not appear that the vote can be amended or rescinded. Our board will not be meeting again til the spring - and due to the nature of the Board, I believe a special meeting would be difficult to arrange.

Can I have an opinion on whether or not he has the authority to essential reverse the action of the Board and if reconsideration, amending or rescinding the motion is an option?

Thanks!

RONR does not give the president such power. Check the bylaws to see what authority is granted to the president. I doubt rescinding board action will be listed among his powers.

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The President only has the authority the bylaws give him (RONR p. 456 lines 25-28). It is too late to Reconsider the motion but it probably is subject to Rescission or Amendment provided that it hasn't been fully executed yet. See RONR pp. 305-310 for full discussion on that motion.

Actually, Discharge a Committee, RONR (11th ed.) Section 36 (pp.310-315) would be the appropriate motion to use.

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Guest Retiree from CA

If a motion fails to obtain a majority vote, it fails. Can the motion be "reconsidered" at another board meeting? If so, how does this take place? Or, is a new motion in order instead - even if it has the same language?

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The motion can be renewed at any subsequent session, and can continually be renewed at every subsequent session unless a special rule is enacted (by two-thirds vote with notice or by vote of the majority of the entire membership of the board) to prevent it.

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