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rights after applied agreement


Guest Tim

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in the park where i am i was to rent a building,the board handed me an agreement. to cover the building ins. wise i needed the wording to be changed or amendid! i told the board what i needed. i was told i could start moving stuff in and i could get rid of what was ever in the building. ok i did this now in the mean time new members are elected to the board and now im told im not getting the agreement!

all this is being told to me by a paid mataince man. NOT a board member. this was all voted on by previous board and agreed to. after hearing all this i went to the 1st new board meeting with these members. im told the new board voted on it and said no. i asked why and they said complaints but wouldnt say what or by who. they said cause i have sings on my truck it was a comercial business(signs are no different then bumper stickers) i have no clients going in or out and i just come in and out with and for what i need. i ve spoken to board members and they say they know nothing about it its on a select few that do. what can i do they say i have 30 days to get out of the building but as far as i understand i have an APPLIED contract with the old board.

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sanaty@comcast.net

noone has seen a true board meating on this matter to date just 3 or 4 members trying to control the board. how can i get time to atleast find another space if there isnt an applied agreement/contract

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. . . what can i do they say i have 30 days to get out of the building but as far as i understand i have an APPLIED contract with the old board.

I believe you mean to say you have an implied contract. In any case, you may need a lawyer, not a parliamentarian. In other words, you won't find your answers here.

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As far as the rules in RONR are concerned (rules of parliamentary procedure) there is no distinction between 'old board' and 'new board' -- a motion adopted by the board can be amended or rescinded by the board (regardless of 'old' or 'new' members on the board), but only to the extent that the motion has not been fully executed.

If there is actually a contract involved, you should speak to an attorney (a contract would be an indication that the motion has been executed).

However, if you were simply moving into the space based on someone's promise of a future contract, and without an agreement actually in place (?) the situation looks much murkier. Legal advice may still be a good idea.

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the board handed me a contract i corrected what was needed and was told it was being typed up and coming back in the mean time new members came in and then im told they will not allow me. the contract stated august 1 2012 thru august 1st 2013

i asked the meber of the board that orig.agreed on it and that r still on the board some changed positions and they say they not know anything about it. they want to discuss it at next meeting and it 4 days after im to be out.

the vp at the time name was on it.

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I still think you need an attorney. Hopefully you kept a copy of the tentative contract that was handed to you...

Your predicament doesn't appear to lie in the realm of parliamentary procedure (furthermore, as you aren't a member of the board, you can't yourself try to apply any tools of parliamentary procedure at the upcoming board meeting).

in the park where i am i was to rent a building...

Are you a member of a larger organization (the 'park'), whose board is making these decisions about the rental of the building?

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I still think you need an attorney. Hopefully you kept a copy of the tentative contract that was handed to you...

Your predicament doesn't appear to lie in the realm of parliamentary procedure (furthermore, as you aren't a member of the board, you can't yourself try to apply any tools of parliamentary procedure at the upcoming board meeting).

Are you a member of a larger organization (the 'park'), whose board is making these decisions about the rental of the building?

THIS IS A PARK OF SUMMER HOMES STARTED MY THE CHURCH WHO USE ROBERT RULES AS to running of the park

the board has nine member but 2/3 of the member say they not know nothing about me not getting the contract back and they r ones who voted for it. ive spoken to a nimber of owners in here and they dont what they are hearing about this but the board pres. says it dont matter

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You are asking about enforcement of a contract. This is a question of law, not procedure. Please ask an attorney.

i understand what ur saying but everything they say to me the say"according to robert's law......... so r u saying im still looking in the wrong area?

is there anything related in robert s laws saying what a building can be used for? example they say because i run a business and since i store business stuff its commercial and roberts law says that not allowed

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Roberts Rules of Order has nothing to say about the commercial useage of a church or park summer home-owned building.There is no Robert's Law. Ask them what section dis-allows it.

There may be applicable law in your location, or the bylaws of whatever association it is (church or park summer homes). We don't know, but an attorney in your area would be better able to assist you.

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what is the right way or how should this be handled. like i said i had an implied contract.

As several people have pointed out, the right way to handle this is a legal question, not a parliamentary question. You need to consult an attorney.

The people who are claiming this is contained in Roberts Rules are simply wrong. Hand them a copy and ask them to point to the page where it says what they claim it does.

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