Rescind or declare Null and Void

[Guest Paula Berscheid]

A motion was made to amend the organization By-Laws; however, advance notice was not given.  In this case, at the next meeting  should someone state that is the motion is ruled null and void, or must it be rescinded by vote?   Which brings up strange a point....if it is done as a motion to rescind, what happens if that motion fails?

[Edgar Guest]

A point of order should be raised to the effect that the required notice was not given. The chair will rule on the point of order. If he rules it "well taken", he will declare the improper amendment null and void. If he rules the point of order "not well taken", his ruling should be appealed (by any member though usually by the member who made the point of order). The assembly (the members present) will decide who's right.

[Guest Guest]

Thank you.  Now, could you tell me if the maker raises the point of order, or the president, or if anyone can do it?  

[Edgar Guest]

Thank you.  Now, could you tell me if the maker raises the point of order, or the president, or if anyone can do it?  

 

Any member (of the body that is meeting) can raise a point of order.

[Guest Paula Berscheid]

Thank you so much for your help and guidance!

 

[Guest Zorro]

If an action taken is null and void, then it is so regardless of whether it is challenged as such at the next, or subsequent meeting; i.e.,.a null and void action is a continuing breach tainting all actions subsequently taken pursuant to it, isn't that correct? 

By contrast, if an action taken is invalidated only if a member objects to it on that basis by a certain date, then the action is not void, but voidable. 

Which one is the case for a bylaws amendment adopted without notice?

 

[Hieu H. Huynh]

Guest Zorro, please post as a new topic.