Emergency Meetings

[Guest Connie]

Our president is opposed to a project that is being undertaken by the HOA Board.   When we voted on it, the project was approved.  Now, it is a new fiscal year and we have had some turnover on the Board, so our president is trying to find new ways to block the project.  We have been called to an emergency meeting to stop the project.  The president knows that several of our board members are away on planned vacations, so they will not be able to attend, and is hoping that those absences will allow a to vote to stop the project. While our bylaws allow emergency meetings, we have a scheduled meeting in 2 weeks.  Also, if one board votes to begin a project and new Board members are elected, can the new HOA Board overrule what has been done by their predecessors?

[Richard Brown]

 Also, if one board votes to begin a project and new Board members are elected, can the new HOA Board overrule what has been done by their predecessors?

 

Yes and no.  The fact that there has been a change in the makeup of the board is not a factor.  However, the 11th edition of RONR, on page 308, in a list of actions that cannot be rescinded, says:  "When something has been done, as a result of the vote on the main motion, that is impossible to undo.  (The unexecuted part of an order, however, can be rescinded or amended.)"

 

So, if the project has not been started, it can be rescinded.  If it has been completed, it cannot be rescinded.  But if it is only partially completed, the unexecuted part of the order (the prior motion) can probably be rescinded or it can be amended to omit the unexecuted part.

 

Edited to add:  To rescind or amend something previously adopted will require a two-thirds vote unless previous notice of the motion to rescind or amend has been given, in which case it can be done with a majority vote.

 

Check your bylaws carefully for  the provisions on special meetings, etc.

[Edgar Guest]

To rescind or amend something previously adopted will require a two-thirds vote unless previous notice of the motion to rescind or amend has been given, in which case it can be done with a majority vote.

 

The affirmative vote of a majority of the (entire) membership (with no notice required) is the third option for adopting the motion that the cognoscenti refer to as ASPA.

[Timothy]

The newly elected board can rescind what their predecessors adopted, but if it requires the absence of some members to do so, it would be possible for the majority to adopt it again at the meeting in two weeks.

[Guest Connie]

Hi, Thanks for your input.  I am using an old edition of RONR, so I have located an updated version, and I am going to purchase it today.  I have reviewed our bylaws, a "Special Meeting" requires 4 days written notice.  An Emergency Meeting must introduce new information, which there is nothing here ... so I will speak up at the Emergency Meeting, and try to get it thrown out because it is an illegally called meeting ... we'll see.