Voiding an incorrectly passed motion

[susanh]

At a recent assembly meeting a motion was brought to a vote with insufficient notice.  The motion received more than 50% (but less than 66%) of the votes and was declared to have passed.  Since this meeting the issue of majority vs. 2/3 vote has been raised and the error has been identified.  Does this procedural error null and void the vote or does the chair's declaration that the motion passed supersede?  Is there a time limit?

[Bruce Lages]

Are the notice requirement and the 2/3 voting threshold requirement specified in your bylaws for this motion? If not, where do they come from?

[susanh]

The bylaws specify that for a special assembly there must be at least 7 days notice specifying the reason for the special meeting.  The voting requirements specify simple majority "for any question expect the election of Public Members (see above), indemnification pursuant to Article VIII, or the distribution of assets on dissolution of the Corporation which shall require 2/3 of the votes properly cast, excluding abstentions, to pass."  Yet Robert's Rules indicates that Amending Something Previously Adopted is a motion which requires a 2/3 vote.   

[jstackpo]

If the notice requirements for the special meeting were met, and the content of the motion did NOT match any of those criteria listed in your bylaws (in posting #3), and the threshold of a majority of votes cast was met, then the motion was properly adopted.

 

I am not clear from the previous posts exactly what the "error" in your proceedings was.

 

Was the meeting a "Special Meeting"?  What do you mean by "insufficient notice"?

[Bruce Lages]

If your bylaws require at least 7 days notice for this motion to be considered, and that notice was not provided, the action taken is null and void. See RONR, 11th ed. p. 251, ll.3-26, with particular attention to section e) beginning on line 20.