Guest robert lind Posted October 25, 2015 at 10:53 PM Report Share Posted October 25, 2015 at 10:53 PM Our club's by-laws state that the annual meeting will be during the first week of Decemberduring this meeting new elections are to take place.The President and all Board members refuse to call the meeting.What can members do, can they call the meeting and if so what percentage of the membershipwould have to sponsor such meeting Link to comment Share on other sites More sharing options...
Curiosulus Posted October 25, 2015 at 11:00 PM Report Share Posted October 25, 2015 at 11:00 PM Do your bylaws say the board has exclusive authority to set the date of the annual meeting? Do your bylaws provide for special meetings of the general membership? Link to comment Share on other sites More sharing options...
Guest Guest Posted October 25, 2015 at 11:16 PM Report Share Posted October 25, 2015 at 11:16 PM The bylaws state that the annual meeting will take place during the first week of December. It says nothing of exclusive authority of the boardto set a date. the date is set by the bylaws. No the bylaws do not have any reference to possible special meetings. It does mention regular, special or annual meeting in the contextof amending bylaws. During such meeting bylaws can be amended PROVIDED proposed changes are published and emailed to the membership at leat 2 week prior to such meeting,No procedures how special meeting would be called and by whom. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 25, 2015 at 11:31 PM Report Share Posted October 25, 2015 at 11:31 PM The bylaws state that the annual meeting will take place during the first week of December. It says nothing of exclusive authority of the boardto set a date. the date is set by the bylaws. No, the bylaws do not set a date, or you wouldn't be having this problem. The bylaws provide that the meeting will take place during the first week of December. Do the bylaws say who determines the exact date and time of the meeting? Link to comment Share on other sites More sharing options...
Guest Guest Posted October 26, 2015 at 02:19 AM Report Share Posted October 26, 2015 at 02:19 AM You are correct the bylaws set a period in which the annual meeting will have to take place. The issue is not a disagreement over the exact date in the first week of December, butthe fact that the president does not want to have the annual meeting at all during that period (any day and time would be acceptable during that period)There is a rumor that she would want to call a meeting in the middle of November andcall it the annual meeting. It is believed she wants it changed as fewer members will be present due to travel during ThanksGiving.So does that mean that such a meeting called as annual meeting in november is legal or is it in direct conflict with the bylaws. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 26, 2015 at 03:06 AM Report Share Posted October 26, 2015 at 03:06 AM You are correct the bylaws set a period in which the annual meeting will have to take place. The issue is not a disagreement over the exact date in the first week of December, butthe fact that the president does not want to have the annual meeting at all during that period (any day and time would be acceptable during that period)There is a rumor that she would want to call a meeting in the middle of November andcall it the annual meeting. It is believed she wants it changed as fewer members will be present due to travel during ThanksGiving.So does that mean that such a meeting called as annual meeting in november is legal or is it in direct conflict with the bylaws. If the bylaws provide that the annual meeting shall be held in the first week of December, it must be held in the first week of December. Holding it at some other time, such as in November, would be in violation of the bylaws. You still haven't answered our question. Do the bylaws say who shall determine the exact date and time of the annual meeting? Without this information, we can't possibly begin to answer the question you posed in Post #1. Link to comment Share on other sites More sharing options...
Guest robert lind Posted October 26, 2015 at 05:07 PM Report Share Posted October 26, 2015 at 05:07 PM Let me try to clearify the question of the determenation of the date. The bylaws have the following description of the President and the secretary.1) President: The President shall be the chief administrator of the club and shall preside over all regular and Board meetings, shall be the ex-officio member of all committees, except the nominating committee; shall appoint, with Board approval, the chairman of committees; at the direction of the Board or membership, shall appoint special committees; shall appoint a committee of 3 to audit the outgoing treasurer's books, In addition, the president shall negotiate club contracts, and sign contracts in addition to the HOA representative. 2) The Secretary shall record the minutes of regular and special meetings of the Board and membership and in the absence of the Treasurer shall read that report, shall be in charge of all recors of the Club, other than the Treasurer's; shall be responsible of correspondence as required by members of the club; shall make available any reports required by HOA. That is all I can find in the bylaws. So the long and the short of it, NO the bylaws do not indicate WHO shall determine the exact date and time of the annual meeting. The only historical guidance might be the fact that for at least the last 15 years the annual meeting was called for the first Friday in December, as our club has beenassigned Wednesdays and Fridays for use of the room in the building of the HOA. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 26, 2015 at 06:13 PM Report Share Posted October 26, 2015 at 06:13 PM That is all I can find in the bylaws. So the long and the short of it, NO the bylaws do not indicate WHO shall determine the exact date and time of the annual meeting.The only historical guidance might be the fact that for at least the last 15 years the annual meeting was called for the first Friday in December, as our club has beenassigned Wednesdays and Fridays for use of the room in the building of the HOA.It's probably undesirable in the long term to leave your bylaws silent on this subject, but this information is wonderful news for your current situation.If the organization's rules are silent regarding how the meeting is scheduled, then the society itself could schedule it at a meeting of the society or, if the society fails to do so, the board could schedule the meeting, assuming your bylaws authorize the board to take action on behalf of the society between the society's meetings. RONR also provides that if a custom does not conflict with any written rules of the society, that custom should be followed unless the majority agrees to do otherwise.Therefore, if both the society and the board fail to schedule the annual meeting, the annual meeting is on the first Friday in December, since the society has a custom that has been in place for 15 years providing as much. Link to comment Share on other sites More sharing options...
Guest Guest Posted October 26, 2015 at 09:54 PM Report Share Posted October 26, 2015 at 09:54 PM Josh Martin I appreciate your help in this matter. I will make sure that in the next revision of our bylawswe will be more accuarte as to the date.Thanks againBob LindTucson AZ Link to comment Share on other sites More sharing options...
Guest Nancy N. Posted October 27, 2015 at 11:15 AM Report Share Posted October 27, 2015 at 11:15 AM ... No the bylaws do not have any reference to possible special meetings. It does mention regular, special or annual meeting in the contextof amending bylaws....No procedures how special meeting would be called and by whom. As long as we have your attention here, Bob, better get this fixed too. Link to comment Share on other sites More sharing options...
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