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Guest Apadana

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I'm a new board member and recently in an Executive Session Meeting there was a disciplinary discussion on a member. There was no action taken. Then just a few days ago I received an email of a drafted disciplinary letter on this member which I was really surprised. I emailed our Management Company respresentative and asked why was this letter being sent. She said a "directive" was given on this letter which I was unaware of.

My questions:

1. Can a disciplinary letter be sent on a "directive" made by the chair?

2. Doesn't a disciplinary letter need a majority of approval by the board of directors?

The last question I posted had excellent responses and got my answer!

Thank you,

Apadana

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...The last question I posted had excellent responses and got my answer!

Thank you,

Apadana

Since you posted this at 9:23 (my time), you're not finished there (though maybe I am).

1. Ordinarily, the chair has no such authority. (Read your bylaws, keep an eye out for something strange.)

2. Rather than have one board member, even the chair, run off on his own and issue directives, if the board has the authority to discipline, then the board would have to act on it As The Board. But boards have only the authority granted to them in the bylaws (and sometimes statutes). More reading, I'm afraid, but at least I'm confident you'll have finished your first reading of RONR - In Brief over lunch.

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Gary, I ordered RONR In Brief on the internet

Disciplinary actions are considered Operating Rules Civil Code §1357.100. Operating Rule Definitions. Operating rules are adopted, amended by the board of directors of the association. I guess I can make a conjecture for this that disciplining a resident has to be approved by the board.

I’ve had no experience at all with Robert’s Rule as you can tell. I bought Robert’s Rule for Dummies and after reading a few pages I felt even dumber. That’s why I went on this Forum for help. Thank you for being so patient.

Still can’t figure out where the spell check is on this site.

Thank you again

Apadana

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Gary, I ordered RONR In Brief on the internet

Good to know. Let's see how long it takes before you start answering here, so maybe me and Guest Edgar and Trina can go fishing in West Virginia or somethin.

Disciplinary actions are considered Operating Rules Civil Code §1357.100. Operating Rule Definitions. Operating rules are adopted, amended by the board of directors of the association. I guess I can make a conjecture for this that disciplining a resident has to be approved by the board.

Well, yikes. When you get your RONR-IB -- um, you did order the Second edition, didn't you? -- look at the list of rules on p. 84. Notice that rules of order are way down at #4, and law is #1. That means that if your Civil Code applies -- and that's for a lawyer, at least not a parliamentarian, to determine -- then ignore anything in Robert's Rules that conflicts. For that matter, probably the bylaws themselves go by the wayside.

But I have no idea if your conjecture might be accurate or not, and it would be irresponsible for me, or most anyone here on the Internet, to try. You and your ace people are there in the field, not us.

I've had no experience at all with Robert's Rule as you can tell. I bought Robert's Rule for Dummies and after reading a few pages I felt even dumber. That’s why I went on this Forum for help.

Thank you for being so patient.

Oh pshaw (as we cowpokes always say)

Still can’t figure out where the spell check is on this site.

Then stop looking, before Guest_Edgar yells at us again.

Thank you again

Apadana

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