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Would the following motion be in order and binding if approved?


Guest Randall

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Guest Randall

Thanks "J.D." for your previous response, but would you kindly advise, if instead of the motion being phrased as a "reminder", that it could be phrased as a "motion to compel action" (to integrate Bylaw amendment into existing document). In essence, does the B of D have the authority to compel a committee (through the President/Chaiman) to perform a basic duty and responsibility within a certain time frame? A major issue is that the adopted amendment to change the budget year ($7,000,000/year), which is of course in the minutes of that meeting, did not receive prior attorney review, and clearly did not perfect that intent. This is another reason why I wish for the administration to integrate the amendment into "hard copy", so that they will have committed themselves to an amendment that is "void abinitio" and I can then move to have it vetted by the organization's attorney.

("A Bylaw amendment was passed 16 months ago, and the administration has failed to integrate the amendment into the existing Bylaws. Would a motion be in order at the next Board of Directors meeting (349 voting members) to compel the administration to perform this specific duty before the next monthly meeting? Such a motion should not of course be necessary, but given the circumstances, would you consider such a motion in order? The presiding officer may attempt to rule such a motion out of order.")

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A bit of confusion, on my part...

The initial posting spoke of getting the "administration ... to integrate the amendment into the Bylaws".  But now in the follow up you are asking about "compelling a committee" to do something.  This later can involve the motion to "Discharge a Committee" but that may not fit the situation.

For starters: what was the exact text of the (you say) adopted amendment from 16 months ago?  At least quote the operative words, not all the detailed changes to the text of the bylaws, unless there were very few.

And then tell me:  What were the instructions (exact text again, presumably in a motion recorded in some minutes from a while ago) to the committee?  Just what were they supposed to do?

Why does the administration have to "commit itself" to do what the association adopted as a change to bylaws?  Is it time to get a new adminstration?

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Going out on a bit of a limb here, it seems to me that a motion to, say, direct the Secretary to provide the membership by the next regular meeting on February 22, 2016, (or to make available to the membership by said date) a new copy of the bylaws which incorporates the amendment adopted by the society on September 22, 2014 might be in order.

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However, if the case were that the leadership disliked operating with the recently approved bylaws and simply chose to ignore them, it would also be in order to move to censure the Chairman for failure to incorporate the approved change into the operating bylaws.

I'd expect that motion would at least get you a good discussion on the matter, even if you graciously ask permission to withdraw the motion.

-Bob

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Guest Randall

Thank you all for your input. The amendment was to change the budget period from the calendar year to the period beginning April 1st and ending on March 31st. There are two separate Articles of the Bylaws which referred to the Board of Directors approving the Budget in October, to begin on January 1st of each year, and only one Article was changed. To make matters worse, the Executive Committee has taken it upon itself to amend the Budget (in excess of their authority) effective as of the 9th month of each budget period so that the coupon booklets (HOA) could be printed by January 1st. My real contention is that the Board of Directors now only "ratifies" a budget already put into effect by the Executive Committee, and submits a "blended budget" to the management firm. The Executive Board is amending an already adopted budget (as of the 9th month into the budget), and this is the 2nd year this is being done. I believe that this is inconsistent with the Bylaws, which vests the exclusive power to adopt the budget by the Board of Directors. It's a real mess, and everyone is just going along with this process despite my open protestations at the Budget Meeting last month.

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