Guest Jenny Posted January 5, 2015 at 05:18 AM Report Share Posted January 5, 2015 at 05:18 AM I have asked three board members, and the property manager for a copy of the By-Laws, and nobody seems to be able to produce a copy. Does the association need to provide a copy by law to it's members if a request is made?Can board members claim ignorance of the rules and be absolved of responsibility of a rule if upon examining the by-laws, it is discovered some have been violated, perhaps many, or even just a couple?Are they exempt from disciplinary action if they say 'I didn't know'? And is the board collectively or the board president allowed to just say 'ok now, we'll know for next time' and just let it go or? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 5, 2015 at 05:38 AM Report Share Posted January 5, 2015 at 05:38 AM I have asked three board members, and the property manager for a copy of the By-Laws, and nobody seems to be able to produce a copy. Does the association need to provide a copy by law to it's members if a request is made?Technically, no rule in RONR requires that members be given a copy of the bylaws on request (although RONR does say that it is a good policy to give all members a copy of the bylaws). Members do, however, have a right to at least review the bylaws.Can board members claim ignorance of the rules and be absolved of responsibility of a rule if upon examining the by-laws, it is discovered some have been violated, perhaps many, or even just a couple?Are they exempt from disciplinary action if they say 'I didn't know'?No, board members cannot claim immunity from disciplinary action on the basis that they did not know they were violating the bylaws. It is their responsibility as board members to know the contents of the bylaws. They're more than welcome to offer this information in hopes that the association will show lenience, but it seems to me that saying "I'm not corrupt, just incompetent" leaves something to be desired as a defense.And is the board collectively or the board president allowed to just say 'ok now, we'll know for next time' and just let it go or?They can say what they like, but ultimately, what happens to them might be up to a higher authority. Unless the bylaws provide otherwise, disciplinary authority rests with the association. Link to comment Share on other sites More sharing options...
Richard Brown Posted January 5, 2015 at 05:42 AM Report Share Posted January 5, 2015 at 05:42 AM RONR does not specify that members are entitled to a copy of the bylaws, but says it is good policy to provide all members with a copy of the bylaws and other rules upon joining. Here is a quote from page 14 of RONR: "The bylaws, by their nature, necessarily contain whatever limitations are placed on the powers of the assembly of a society (that is, the members attending a particular one of its meetings) with respect to the society as a whole. Similarly, the provisions of the bylaws have direct bearing on the rights of members within the organization—whether present or absent from the assembly. It is a good policy for every member on joining the society to be given a copy of the bylaws, printed together with the corporate charter, if there is one, and any special rules of order or standing rules that the society may [page 15] have adopted as explained below. A member should become familiar with the contents of these rules if he looks toward full participation in the society's affairs." However, RONR does say on pages 459-460 that the secretary does have a duty to, among other things, "To make the minutes and records available to members upon request" The bylaws should be part of the secretary's records which must be made available to members. In addition, if your organization is incorporated, you might check your state's non-profit corporation laws: such laws often provide for the rights of members to certain records. As to what action you can take if an officer is not properly performing his duties, see FAQ # 20: http://www.robertsrules.com/faq.html#20 Edited to add: The board or the membership can also adopt a motion requiring that a copy of the bylaws and other rules be furnished to all members (or made available upon request). The board or the membership can also adopt a motion of censure which is essentially a statement that the membership is displeased with certain actions of an officer. FAQ # 7 touches on this in its discussion of a vote of "no confidence" here: http://www.robertsrules.com/faq.html#7 You would adopt a motion of censure rather than a motion of no confidence. Link to comment Share on other sites More sharing options...
manAscending Posted January 5, 2015 at 07:08 PM Report Share Posted January 5, 2015 at 07:08 PM Many organisations' Bylaws contain election procedures. If the Bylaws aren't made available, doesn't this give unfair advantage to incumbent officers seeking re-election? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 5, 2015 at 07:25 PM Report Share Posted January 5, 2015 at 07:25 PM Many organisations' Bylaws contain election procedures. If the Bylaws aren't made available, doesn't this give unfair advance to incumbent officers seeking re-election?If the bylaws were not made available at all, this would be unfair for a number of reasons, but the bylaws must be made available, at least to the extent that they may be reviewed by members upon request, at a reasonable time and place. Link to comment Share on other sites More sharing options...
Laura Meade Posted January 6, 2015 at 06:32 PM Report Share Posted January 6, 2015 at 06:32 PM I had an HOA director refer me to the county recorder's office, where all real estate documents are kept. The bylaws were available online. I'm not sure if it would work for your state, but it might be worth checking. Link to comment Share on other sites More sharing options...
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