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Motion Conflicts with by-laws


Guest Kathy

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A motion was made at a meeting of the homeowner's association that was presented and passed.

I was opposed to the motion and voted against it.

After the meeting I researched our by-laws and constitution and found that the motion conflicts with the specific requirement that is in the by-laws and constitution.

How do I go about getting this motion repealed or set aside since it would take an amendment to the by-laws, not a motion, to change this requirement.

Kathy

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Next meeting of the association make the "Point of Order" (p. 247) that the motion is in conflict.

If the chairman is playing fair (good luck!) he/she will rule your point "well taken" and declare the motion in question "null and void" (p. 251).

If the chair rules against your point, appeal (p. 255) and hope that enough of the members at the meeting agree with you.

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Well, if the motion involves doing something that cannot be undone (like spending money) you might try to (informally) convince the treasurer (if the responsibility to pay is his) of the difficulty. And get him to avoid the action -- if he pays the money and the motion is then declared "null and void" the consequences can get a bit murky.

But you still should raise the point of order. It may turn out that the membership doesn't agree with you, unless the bylaws violation is crystal clear.

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Well, if the motion involves doing something that cannot be undone (like spending money) you might try to (informally) convince the treasurer (if the responsibility to pay is his) of the difficulty. And get him to avoid the action -- if he pays the money and the motion is then declared "null and void" the consequences can get a bit murky.

But you still should raise the point of order. It may turn out that the membership doesn't agree with you, unless the bylaws violation is crystal clear.

And have a friend on hand to second the appeal.

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