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Point of Order


Guest RJ

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I know that a Point of Order motion can be used to challenge whether meeting proceedings are not following Robert's Rules of Order. I'm wondering whether a Point of Order motion can be made to challenge whether meeting proceedings are in violation of appicable state law. For example, many states have laws that require that homeowners be allowed to speak at HOA Board meetings but not to participate in discussion of agenda items. If a Meeting Chairperson does not allow any homeowners to speak at all in violation of state law, is it proper procedure for a HOA Board Member to make a point of order motion? Thank you for any and all responses to my question.

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I know that a Point of Order motion can be used to challenge whether meeting proceedings are not following Robert's Rules of Order. I'm wondering whether a Point of Order motion can be made to challenge whether meeting proceedings are in violation of appicable state law. For example, many states have laws that require that homeowners be allowed to speak at HOA Board meetings but not to participate in discussion of agenda items. If a Meeting Chairperson does not allow any homeowners to speak at all in violation of state law, is it proper procedure for a HOA Board Member to make a point of order motion? Thank you for any and all responses to my question.

A member (board member in the case of a board meeting) may make a point of order when he thinks the rules of the assembly are being violated. This includes applicable procedural rules contained in state laws.

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Thanks again, JD and Tim. I was pretty sure that a point of order could apply to procedural rules in state laws but I couldn't find a reference stating such in RONR, 11th edition. There is a reference to "the rules of the assembly" in RONR, 11th ed., p. 247 in the RONR discussion of the Point of Order motion. I construe "rules of the assembly" to include RONR, and applicable procedural rules in state laws and the assembly's bylaws.

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I construe "rules of the assembly" to include RONR, and applicable procedural rules in state laws and the assembly's bylaws.

Well, that isn't an exhaustive list, but you have the right idea (see RONR, 11th ed., pgs. 10-19 for more information). The phrase "rules of the assembly" in that sentence refers to the rules which govern the assembly, whether they were adopted by the assembly or by a higher authority.

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