members right to make motions on matters that are within the exclusive authority of the executive board

[Guest HOA]

At an annual membership meeting of a homeowner's association, members attempt to make a motion directing or requesting the executive board to do certain things that, by law, are within the exclusive authority of the executive board. Can the presiding officer declare the motions to be out of order and not be subject to an appeal of the ruling? Stated differently, is there any inherent right in Robert's Rules that allows members to make motions regarding the business of the non-profit corporation that are not within the authority of the members to direct or decide?

[Chris Harrison]

Can the presiding officer declare the motions to be out of order and not be subject to an appeal of the ruling?

The presiding officer can rule the motion out of order because the Board has exclusive authority over the matter. However, it most likely wouldn't be proper to disallow an Appeal because there are only two times when an Appeal can be validly disallowed (RONR p. 256 ll. 27-36). 1) When there is already an Appeal pending a Point of Order cannot be Appealed (which doesn't apply in this case). 2) When there cannot be two reasonable opinions regarding the ruling. There are very few things in this universe which are so clear-cut that there cannot be two reasonable opinions and the chances of the matter at hand being so clearly within the exclusive authority of the Board that two people couldn't have a reasonable difference of opinion are not good.

Stated differently, is there any inherent right in Robert's Rules that allows members to make motions regarding the business of the non-profit corporation that are not within the authority of the members to direct or decide?

No, but as I mentioned above such a determination is almost always a matter of opinion.

[Guest Edgar]

. . . directing or requesting . . .

Well, which is it?

[DrEntropy]

Your bylaws and other documents of authority should be consulted as to what is or is not in the members authority. However, generally speaking I would opine that such things that are exclusively within the authority of the executive board cannot be directed otherwise by the membership. (RONR 11, pg 483 l. 9-15. A careful reading of pg 577-578 might also help.). I dont however see that a motion to 'request' that the board do something would be out of order, but the board is free to ignore it (perhaps at their own peril, come election time).

[Josh Martin]

At an annual membership meeting of a homeowner's association, members attempt to make a motion directing or requesting the executive board to do certain things that, by law, are within the exclusive authority of the executive board. Can the presiding officer declare the motions to be out of order and not be subject to an appeal of the ruling?

If the motion is directing the board to do something which is within its exclusive authority, the presiding officer can and should rule the motion out of order. It's impossible to say based solely on the facts presented whether it would be in order to deny an appeal, but I agree with Mr. Harrison that I would lean toward "no." The chair may only deny an appeal if the issue is so clear that there cannot possibly be two reasonable opinions on the subject.

A motion to request the board to do something is perfectly in order.

Stated differently, is there any inherent right in Robert's Rules that allows members to make motions regarding the business of the non-profit corporation that are not within the authority of the members to direct or decide?

No. Applicable law supersedes RONR.

Your bylaws and other documents of authority should be consulted as to what is or is not in the members authority.

Based on the original post, it seems that it is applicable law which provides that certain things are exclusively within the authority of the board, so the board should consult those laws. And possibly a lawyer.