Guest diane McFadden Posted August 12, 2012 at 08:17 PM Report Share Posted August 12, 2012 at 08:17 PM 3 Motions were voted and approved during Extra Ordinary Meeting in Apr 2005. Motion #3 was actually a two-part.All 3 motions have been acted on except the second part of Motion #3. We would like to ask membership to either rescind second part of Motion #3 or is there an option to divide it?(part 1)The Board of Directors......apply to the courts for a ruling regarding the application of the Appeals Court ruling to all Sublessees of P Cove. (part 2) The Board shall further ask the courts for enforcement of this ruling.We have received the Appeals Court ruling. Next round of legal would be the enforcement of this ruling.The mindset of membership is severely divided as to further legal proceedings. We have spent in excess of 80,000 of this date and many are wanting all this to stop.My question would be...do we try to rescind this Motion #3 part two.... Do we need another motion to after rescinding to remove Board's authority to pursue this legal issue? or would the rescinding do just that?Or...can we present a new motion withdrawing authority given to the board to pursue/spend $$ on this legal issue?I'm getting confused....as it's a mess! We impeached previous Board with a resounding 95% vote and have taken on this mess and it's mind boggling. Help Link to comment Share on other sites More sharing options...
tctheatc Posted August 12, 2012 at 08:38 PM Report Share Posted August 12, 2012 at 08:38 PM Do we need another motion to after rescinding to remove Board's authority to pursue this legal issue? or would the rescinding do just that?If a motion gives the board authority to do something, rescinding the motion would remove that authority. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted August 12, 2012 at 09:01 PM Report Share Posted August 12, 2012 at 09:01 PM tc, you're looking at p. 308, ( b ), in parentheses?Guest_McFadden_*, you can also rescind or amend the portion that was not carried out ("The unexecuted part of an order, however, can be rescinded or amended.") Link to comment Share on other sites More sharing options...
Guest diane mcfadden Posted August 12, 2012 at 10:07 PM Report Share Posted August 12, 2012 at 10:07 PM Ok as I thought, rescinding the motion removes the 'authority' to act. Now, we are a semi residential - summer vacation community, many members live away and not able to attend meetings. We are proposing a mail in vote on rescinding this motion. Feasible? Our bylaws allow for mail in or proxy processes. Link to comment Share on other sites More sharing options...
tctheatc Posted August 12, 2012 at 11:02 PM Report Share Posted August 12, 2012 at 11:02 PM Gary, I'm failing to see what you're getting at in your question to me. Maybe I'm obtuse. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted August 13, 2012 at 05:21 AM Report Share Posted August 13, 2012 at 05:21 AM Gary, I'm failing to see what you're getting at in your question to me. Maybe I'm obtuse.I was just asking if, say, someone asked for a citation for your statement, then at least partly you would point to p. 308 and the part I quoted. 'Cause that was what I was thinking of, or if you had another citation in mind, which I wasn't expecting, because p. 308 seems to be it, but if you did have one, I'd be glad to know it. No biggie.(Oh for pity's sake. tc, you're as obtuse as a razor's edge. I'm jsut glad you stopped saying "weird.") Link to comment Share on other sites More sharing options...
tctheatc Posted August 13, 2012 at 06:54 AM Report Share Posted August 13, 2012 at 06:54 AM Haha! I thought maybe I had missed something. Link to comment Share on other sites More sharing options...
Matt Schafer Posted August 13, 2012 at 06:58 AM Report Share Posted August 13, 2012 at 06:58 AM We are proposing a mail in vote on rescinding this motion. Feasible? Our bylaws allow for mail in or proxy processes.If your bylaws allow for voting by mail, then your organization can vote by mail. RONR's guidelines for voting by mail are on pages 424 through 428. If your organization has specialized rules, follow those. Link to comment Share on other sites More sharing options...
Guest Guest Posted August 19, 2012 at 02:50 PM Report Share Posted August 19, 2012 at 02:50 PM We're still dealing with this issue. The Motion as adopted contained 2 parts and should have been divided for two votes as the motion is now 7 years old and second half of motion has not happened yet. It appears membership wants to revote the second question. Can a motion to divide be made and re-ask the second question as it was stated for a revote? Link to comment Share on other sites More sharing options...
Tim Wynn Posted August 19, 2012 at 03:01 PM Report Share Posted August 19, 2012 at 03:01 PM We're still dealing with this issue. The Motion as adopted contained 2 parts and should have been divided for two votes as the motion is now 7 years old and second half of motion has not happened yet. It appears membership wants to revote the second question. Can a motion to divide be made and re-ask the second question as it was stated for a revote?No, you would use the motion to Amend Something Previously Adopted, to strike out the unwanted language. See RONR (11th ed.), section 35. Link to comment Share on other sites More sharing options...
jstackpo Posted August 19, 2012 at 03:04 PM Report Share Posted August 19, 2012 at 03:04 PM Sort of.The cleanest way I can spot would be to simply amend the old two-part motion (amend something previously adopted, p. 305) by striking out all of the words of the second half. You might have to adjust some of the syntax of what remains in the motion, but that shouldn't be much of a problem. Link to comment Share on other sites More sharing options...
Tim Wynn Posted August 19, 2012 at 03:16 PM Report Share Posted August 19, 2012 at 03:16 PM I concur with the two previous posts. Link to comment Share on other sites More sharing options...
Guest Guest Posted August 19, 2012 at 03:26 PM Report Share Posted August 19, 2012 at 03:26 PM thank you thank you. Feeling like a dog chasing my tail...will get back to Amend and then restate the question for the revote! Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 19, 2012 at 03:39 PM Report Share Posted August 19, 2012 at 03:39 PM I concur with the two previous posts. I don't. I'm inclined to believe that this may be making things more complicated than is necessary, and Guest Guest's last post indicates a bit of confusion.Generally speaking, if a motion has been adopted to do A and B, and A has already been done but B has not, I see nothing wrong with simply making a motion not to do B. This is, in effect, a motion to rescind the decision previously made to do B. Link to comment Share on other sites More sharing options...
jstackpo Posted August 19, 2012 at 03:54 PM Report Share Posted August 19, 2012 at 03:54 PM Without any previous notice, what vote threshold would you require to adopt the motion "not to do B"? Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 19, 2012 at 03:58 PM Report Share Posted August 19, 2012 at 03:58 PM Without any previous notice, what vote threshold would you require to adopt the motion "not to do B"?Either a two-thirds vote or the vote of a majority of the entire membership. Link to comment Share on other sites More sharing options...
Tim Wynn Posted August 19, 2012 at 05:40 PM Report Share Posted August 19, 2012 at 05:40 PM Dan, I'm inclined to think a motion to Rescind that does not mention the previously adopted motion would reduce clarity. For example, Dr. Stackpole seemed to be uncertain about the voting requirement, apparently not recognizing it as a motion to Rescind. Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 19, 2012 at 06:27 PM Report Share Posted August 19, 2012 at 06:27 PM Dan,I'm inclined to think a motion to Rescind that does not mention the previously adopted motion would reduce clarity. For example, Dr. Stackpole seemed to be uncertain about the voting requirement, apparently not recognizing it as a motion to Rescind.As noted on page 309, lines 17-19, "In a great many instances, the motion or resolution originally adopted is not referred to, and only the bylaw, rule, or policy to be rescinded or amended is mentioned."You are right to point out, however, the necessity of making sure that the assembly understands what is happening. This is generally easy to do, however, since there will undoubtedly be a reference to something more enlightening than just "B", as in my example. Link to comment Share on other sites More sharing options...
Guest diane mcfadden Posted August 25, 2012 at 03:08 PM Report Share Posted August 25, 2012 at 03:08 PM Either a two-thirds vote or the vote of a majority of the entire membership.also on p306 discussion of motion to rescind or amend says 2/3 vote OR majority with notice OR majority of membership...."any one of which will suffice". Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 25, 2012 at 03:37 PM Report Share Posted August 25, 2012 at 03:37 PM also on p306 discussion of motion to rescind or amend says 2/3 vote OR majority with notice OR majority of membership...."any one of which will suffice".Yes, but the question asked was "Without any previous notice, what vote threshold would you require to adopt the motion ... ", which brings the choices down to either a two-thirds vote or the vote of a majority of the entire membership. Link to comment Share on other sites More sharing options...
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