Guest Janet Blanchard Posted October 25, 2011 at 02:46 PM Report Share Posted October 25, 2011 at 02:46 PM At a recent HOA board meeting (7 members) a motion was made, seconded, debated and approved. As Board Secretary I noted the motion in the minutes, which are still in draft and not yet approved. I realized, after the fact, the approved motion conflicted with a an approved motion by the board at a previous meeting (technically, out of order?). I brought this to the attention of the president. Question: if the minutes have not been approved, do I need to note this motion, or can it be deleted, or can a footnote be made stating it will be reviewed at next board meeting, or does it need to be stated in the minutes and then treated as an amendment in the next meeting and minutes? Link to comment Share on other sites More sharing options...
jstackpo Posted October 25, 2011 at 02:58 PM Report Share Posted October 25, 2011 at 02:58 PM Actually, none of the above (mostly).Leave the as yet unapproved (but that makes no real difference) minutes alone. No "footnote" needed. No "deletions", either. Minutes record what happened, without adding any after-the-fact second guessing.You have what is called a "continuing breach". RONR/11, p. 251.At the next meeting two things could happen..1) If it can be clearly demonstrated that the motion in question got "enough votes" when it was adopted, it stands, and the old motion is out the window, or at least those portions that conflict with the new motion. See RONR/11 p. 251, sub-paragraph b for what "enough votes" means.or2) The chair can simply declare the new motion null and void. Again see p. 251. Link to comment Share on other sites More sharing options...
Rob Elsman Posted October 25, 2011 at 02:59 PM Report Share Posted October 25, 2011 at 02:59 PM At a recent HOA board meeting (7 members) a motion was made, seconded, debated and approved. As Board Secretary I noted the motion in the minutes, which are still in draft and not yet approved. I realized, after the fact, the approved motion conflicted with a an approved motion by the board at a previous meeting (technically, out of order?). I brought this to the attention of the president. Question: if the minutes have not been approved, do I need to note this motion, or can it be deleted, or can a footnote be made stating it will be reviewed at next board meeting, or does it need to be stated in the minutes and then treated as an amendment in the next meeting and minutes?The paragraph about the adoption of the main motion will be the same, regardless that action taken was improper or invalid. Link to comment Share on other sites More sharing options...
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