Guest Kathy Posted September 22, 2012 at 12:45 PM Report Share Posted September 22, 2012 at 12:45 PM 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 How do I go about getting this motion repealed or set aside since it would take an amendment to the by-laws, not a motion, to change this requirement.Kathy Link to comment Share on other sites More sharing options...
tctheatc Posted September 22, 2012 at 12:59 PM Report Share Posted September 22, 2012 at 12:59 PM No main motion is in order that conflicts with the bylaws (RONR p111). Raise a point of order at the next meeting. Link to comment Share on other sites More sharing options...
jstackpo Posted September 22, 2012 at 01:00 PM Report Share Posted September 22, 2012 at 01:00 PM 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. Link to comment Share on other sites More sharing options...
Guest Kathy Posted September 22, 2012 at 01:07 PM Report Share Posted September 22, 2012 at 01:07 PM Thanks for the responses. Looks like I'll have to wait until the next meeting to get this resolved. I was hoping I could do something now before the next meeting. Kathy Link to comment Share on other sites More sharing options...
jstackpo Posted September 22, 2012 at 01:14 PM Report Share Posted September 22, 2012 at 01:14 PM 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. Link to comment Share on other sites More sharing options...
Sean Hunt Posted September 23, 2012 at 01:34 AM Report Share Posted September 23, 2012 at 01:34 AM 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. Link to comment Share on other sites More sharing options...
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