are organizations in Canada subject to parliamentary law

[Guest Dan Steeves]

hi, I belong to a homeowners assoc. in Ont . The board of directors is pushing hard for an expansion to our clubhouse . They are circumventing all democratic due process and denying anyone the opportunity to give information or express views against it in any meetings. I can see nothing in our bylaws that allows them to behave as a dictatorship and the Canadian Charter of Rights is recognized in our bylaws. Are they subject to parliamentary procedure in a court of law?

[Dan Honemann]

hi, I belong to a homeowners assoc. in Ont . The board of directors is pushing hard for an expansion to our clubhouse . They are circumventing all democratic due process and denying anyone the opportunity to give information or express views against it in any meetings. I can see nothing in our bylaws that allows them to behave as a dictatorship and the Canadian Charter of Rights is recognized in our bylaws. Are they subject to parliamentary procedure in a court of law?

This Forum deals only with questions about Robert's Rules of Order, and can offer no help with questions concerning Canadian law.

[jstackpo]

Dan S:

Your directors would be "subject to" (although you, collectively, would have to do the enforcing) Robert's Rules, if the bylaws adopted them as your parliamentary authority. Do they?

Whether "subject to" could be enforced in Canadian courts is not something we can deal with here.

[Gary c Tesser]

Since the framework of parliamentary law as it exists in the Western Hemisphere was first laid out at a convention of the Algonkian, Iroquois, and Hemispherical Indians in 1535 at the future site of the sports stadium in the future Ottawa, any variation from parliamentary procedure as therein codified must be authorized by a joint ruling of the Canadian Premier General and

[sMargaret]

hi, I belong to a homeowners assoc. in Ont . The board of directors is pushing hard for an expansion to our clubhouse . They are circumventing all democratic due process and denying anyone the opportunity to give information or express views against it in any meetings. I can see nothing in our bylaws that allows them to behave as a dictatorship and the Canadian Charter of Rights is recognized in our bylaws. Are they subject to parliamentary procedure in a court of law?

The thing to look for in your bylaws is whether or not they acknowledge Roberts Rules of Order, and not so much the Canadian Chart of Rights & Freedoms (even given the excellence of the Charter, says the fellow Canadian).

Look for something like this in your bylaws:

http://www.robertsrules.com/authority.html

They're not circumventing all democratic process, so much as they're not following their own bylaws, presumably, about debate or putting forward motions, and possibly how the general membership gets to decide on things, not just the board of directors.

But it all depends on your bylaws!!

Get the book, learn how to make motions, learn how to make a point of order, how to appeal the rulings of the chair, and what your rights are as a member of your organization.

Yours in peace, order, and good governance.