Special meeting

[Guest Todd]

Last night we had a special meeting.  The matter at hand was, if we should move ahead with purchasing a new building.  This was a special meeting but nothing was posted, we were just told about the meeting and it was also put on the calendar.  Once the meeting was called to order, the Chair stated that he needed a motion for the new building.  He then said, " I need a motion that is something like this".  He then read what motion he wanted.  A member then I make that motion just as you read, and it was seconded and any discussion and then put to vote.  The motion failed because the chair stated that it needed a 2/3 vote.

 

Questions:

1. Can the chair state what he wants the motion to be?

2. Does the vote need to be a 2/3 vote?

3. Did a formal notice need to be posted?

[jstackpo]

In the order you asked...

 

1)  Yes, but he shouldn't make a habit of it.

 

2 & 3)   The answers here depend on what might be in your bylaws, not RONR. 

 

Some associations require, in the bylaws, that "large" expenditures require a supermajority vote, typically 2/3.  Do yours?  If not, ask the president where he got that 2/3 vote requirement.

 

The details of what kind of notice is required for a special meeting should be in your bylaws.  Were those requirements followed?  Hope so.

[Bruce Lages]

At this point you probably don't need to be concerned about your first two questions since the answer to your third question is what will govern this situation. Yes, a formal notice needs to be posted:

 

"Notice of the time, place, and purpose of the [special] meeting, clearly and specifically describing the subject matter of the motions or items of business to be brought up, must be sent to all members a reasonable number of days in advance." (RONR, 11th ed. p. 91,ll. 31-35)

 

If that wasn't done - and assuming your bylaws don't provide for different requirements of notice for special meetings, as noted by Dr. Stackpole - then anything that would have been done at this meeting would be null and void. Since the suspect motion you describe was not adopted, even though by a most likely faulty procedure, it turns out that nothing was actually done.

 

Next time, if you need another special meeting, do it right - by following the rules in your bylaws or, if there are none, by the rule quoted above in RONR.

[Guest Todd]

Thank you

[Thomas Ralph]

It's probably all worked out for the best. While the motion probably didn't require a two-thirds vote, had the chair declared it passed, it would probably have been null and void anyway for being outside the scope of the call of the meeting.