Guest Brenda Posted January 6, 2015 at 12:16 AM Report Share Posted January 6, 2015 at 12:16 AM I asked the property manager what time limits or topic limits apply when a member is speaking in the open forum portion of the meeting. She replied that there is a three minute limit to speak, but no limit on topics. I asked if each topic got three minutes or if one had to fit everything into a three minute window. She then said 'it would be up to the board'.If the by-laws are silent on this, can the board make an on the spot decision about this?Our by-laws do reference that the board meeting shall follow the latest edition of RR, but it has literally been years since all members had a copy to reference.If a board member is ignorant of RR are they temporarily excused from their processes?What if the president does not know RR and therefore cannot know when to assert authority?If another board member calls for a point of order and the president is unaware of the rule being violated and lets it slide, what should be done? Link to comment Share on other sites More sharing options...
Edgar Guest Posted January 6, 2015 at 12:18 AM Report Share Posted January 6, 2015 at 12:18 AM If the by-laws are silent on this, can the board make an on the spot decision about this? Pretty much. As far as RONR is concerned, if you're not a member of the board you have no (parliamentary) rights at board meetings. Not even the right to attend the meeting. Link to comment Share on other sites More sharing options...
Guest Guest Posted January 6, 2015 at 12:55 AM Report Share Posted January 6, 2015 at 12:55 AM Pretty much.As far as RONR is concerned, if you're not a member of the board you have no (parliamentary) rights at board meetings. Not even the right to attend the meeting.This is an HOA so there is by CA law, an open forum period in the beginning of the meeting.Do you have any feedback on the second half of my question(s)? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 6, 2015 at 02:35 AM Report Share Posted January 6, 2015 at 02:35 AM If a board member is ignorant of RR are they temporarily excused from their processes?No.What if the president does not know RR and therefore cannot know when to assert authority?Well, in the short term, a board member can raise a Point of Order. In the long term, get the President a copy of RONR In Brief. Or get a new president.If another board member calls for a point of order and the president is unaware of the rule being violated and lets it slide, what should be done?If a board member disagrees with the chair's ruling on a Point of Order, he may Appeal from the decision of the chair, which places the decision in the hands of the board. A majority vote is required to overturn the chair's ruling.This is an HOA so there is by CA law, an open forum period in the beginning of the meeting.Then perhaps you should refer your question regarding open forums to someone who is familiar with California HOA law. RONR has very little to say about open forums. Link to comment Share on other sites More sharing options...
Guest Barbara A. Loehnert Posted January 6, 2015 at 08:00 PM Report Share Posted January 6, 2015 at 08:00 PM May a Sustaining Member attend Executive Board Meetings and speak. Our By-Laws state that a Sustaining Member does not have a vote; however, does RR state that a Sustaining Member may attend Executive Board Meetings and speak? Thank you. Link to comment Share on other sites More sharing options...
J. J. Posted January 6, 2015 at 08:02 PM Report Share Posted January 6, 2015 at 08:02 PM May a Sustaining Member attend Executive Board Meetings and speak. Our By-Laws state that a Sustaining Member does not have a vote; however, does RR state that a Sustaining Member may attend Executive Board Meetings and speak? Thank you. No. Only members of the body meeting have a right to speak in debate. The Board may permit others to speak or even enter into debate. Link to comment Share on other sites More sharing options...
Guest Barbara A. Loehnert Posted January 6, 2015 at 08:43 PM Report Share Posted January 6, 2015 at 08:43 PM Does the second line then mean that the Board may permit the sustaining member to speak? Thank you Link to comment Share on other sites More sharing options...
jstackpo Posted January 6, 2015 at 09:17 PM Report Share Posted January 6, 2015 at 09:17 PM Yes, but it is majority vote choice on the part of the Board to allow speaking outside of debate on a motion; a 2/3 vote to allow speaking for (or against) a motion under discussion. Link to comment Share on other sites More sharing options...
Tom Coronite Posted January 6, 2015 at 10:51 PM Report Share Posted January 6, 2015 at 10:51 PM What is a sustaining member? Link to comment Share on other sites More sharing options...
Guest Barbara Loehnert Posted January 7, 2015 at 10:56 PM Report Share Posted January 7, 2015 at 10:56 PM A sustaining member is one who has served on the Board of Directors for seven years and has elected to go sustaining. It means that she doesn't have to work a day in the Shop or have a separate job taking care of such things as jewelrey, clothing, treasurers, etc. etc.; however, she may come to general board meetings but does not have a vote privilage but nothing in our By-Laws say anything about speaking. She may work in the shop if she wants to but does not have the in charge position. So that is why I was wanting to know what RR had to say about this situation? Thank you. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 7, 2015 at 11:28 PM Report Share Posted January 7, 2015 at 11:28 PM So that is why I was wanting to know what RR had to say about this situation?I'm still a little unclear on whether these "sustaining members" are members of the board or not. If they are not, then they may not speak unless the board permits them to do so.If your bylaws has some sort of "non-voting member" thing, it will be up to your organization to interpret its own bylaws to determine what rights such a member does and does not have. RONR does not address the subject of non-voting members. Link to comment Share on other sites More sharing options...
George Mervosh Posted January 12, 2015 at 05:10 PM Report Share Posted January 12, 2015 at 05:10 PM I know that CA is not the only state to have laws about this. CT has a law that requires HOA boards to allow any Homeowner to attend and speak at BOD meetings. It does not go into specifics about when that speaking can take place. The moderators take a dim view of posts which attempt to explain what is in some statute, somewhere. So if this and your post go kaput, you'll know why. Link to comment Share on other sites More sharing options...
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