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Guest Linda Ryan

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Guest Linda Ryan

I attended our HOA open forum meeting (of which I am a member) My fiancé (who is not a member) was asked by me to read my questions and observations for me. We were told that as a non member he does not have the right to speak unless I turn a written Power of Attorney prior to the meeting. I gave verbal permission, but the board stuck to their decision.

My question is...Why, with me present and giving permission, was he not allowed to read my questions?

Do I have a right to give verbal permission in Open Forum?

Thanks,

Linda

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Under RONR nonmembers have no rights and there is no mechanism under RONR for a member to transfer some or all of her membership rights to a nonmember (your rules may say otherwise in which case you need to follow them). However, I do have to wonder if you were at the meeting why you weren't asking the questions yourself?

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We were told that as a non member he does not have the right to speak unless I turn a written Power of Attorney prior to the meeting.

And I have to think that it would be assumed you wouldn't be there. So I share Chris H.'s confusion as to why you didn't speak for yourself. Not that it makes any difference and you certainly don't have to explain your silence here.

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I'm not sure that my question is answered....If I can allow a non member to represent me (atty, technical, etc) in a Power of Atty, why am I not allowed give that permission verbally while I am present at the meeting.

I asked my fiancé to address this for me because he has the technical background to speak on some of the issues...eq ...roof and drainage

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I'm not sure that my question is answered....If I can allow a non member to represent me (atty, technical, etc) in a Power of Atty, why am I not allowed give that permission verbally while I am present at the meeting.

We can't answer your question here because this is a custom rule of your HOA, not an element of parliamentary procedure. At the meeting, you could have appealed the decision of the chair, which if seconded would have put the matter to a vote of the members.

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RONR doesn't address transferring the rights of membership from one person to another, other than to say that membership can't be transferred. Since we discuss RONR here, you'll have to look to your other rules (or laws, if they say you can give powers of attorney) to give you an answer.

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If I can allow a non member to represent me (atty, technical, etc) in a Power of Atty, why am I not allowed give that permission verbally while I am present at the meeting.

Because, in this instance, oral permission is not considered a power of attorney? As suggested, you're barking up the wrong tree here.

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Has your HOA adopted RONR as its parliamentary authority? If so, and if this was a business meeting of the association, then the board has no particular authority to run it unless your bylaws say otherwise. The meeting should be run by the regular presiding officer of your association. It is to this person that you address a parliamentary appeal; if another member seconds your appeal, then the chair explains the decision and other members may each speak once for or against. The chair gets a rebuttal, and then the matter goes to the assembled members for a vote.

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Guest Marjorie Lawson

I have two questions of my own: Our by-laws do not cover requests for documents. Does Robert's Rules have a provision for request for documents as to how long the Board has to produce those documents.

The second question was if a question is sent to the Board, in general, by e-mail, is it not up to the President of the Board to respond to the e-mail (after discussing with th other Board members)? We have another association in our community and the Chairman is very controversial. He sent an e-mail to us this morning and one of my newest Board members arbitrarily responded to him?? I have never had that happen before and I have been President for 4 years.

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Guest Marjorie Lawson

I have two questions of my own: Our by-laws do not cover requests for documents. Does Robert's Rules have a provision for request for documents as to how long the Board has to produce those documents.

The second question was if a question is sent to the Board, in general, by e-mail, is it not up to the President of the Board to respond to the e-mail (after discussing with th other Board members)? We have another association in our community and the Chairman is very controversial. He sent an e-mail to us this morning and one of my newest Board members arbitrarily responded to him?? I have never had that happen before and I have been President for 4 years.

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