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Illegal Vote


Guest Frank  S.

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Hello, Our Association had our membership meeting yesterday.  The Board Chairman had us vote on an item that wasn't   previously  Published in our monthly bulletin that we notify ALL members of an upcoming vote.

My question is Wouldn't this vote that was taken be ILLEGAL and INVALID?

 

Shouldn't this be rescinded?

 

Thank you.  FVS

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Hello, Our Association had our membership meeting yesterday.  The Board Chairman had us vote on an item

If this is a meeting of the General Membership then the Board Chairman doesn't have any more authority than any other member.  The Board Chairman should stick to presiding over the Board meetings and let the presiding officer for the GM meetings do his job.

 

that wasn't   previously  Published in our monthly bulletin that we notify ALL members of an upcoming vote.

Do your bylaws actually say that only items of business which are included in the monthly bulletin can be validly conducted at a meeting?

 

My question is Wouldn't this vote that was taken be ILLEGAL and INVALID?

If the vote violated the bylaws or constituted a continuing breach as discussed on RONR pp. 250-251 then yes the actions taken would be null and void.  Otherwise the actions taken are valid.

 

 

Shouldn't this be rescinded?

Should it be?  That is for you all to determine.  Can it be?  That depends.  If the actions taken are indeed null and void then raising a Point of Order without regard to the normal timeliness requirements would be the proper tool to use not rescission.  On the other hand, if the actions taken were valid then it might be subject to rescission unless it can't be rescinded per RONR p. 308 ll. 12-30.

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