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Guest Dave

Similar motions, made during different meetings

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Guest Dave

We had a motion made at a meeting in March, which was seconded and approved (after discussion) by the full board.  Later in October, a similarly worded motion was made, discussed, seconded and approved once again by the board.  Does this second motion be obsolete, as the motion made in March was the first one?  How does one handle two similar motion made in one year?

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If the two motions authorized the same action, then the second motion would be out of order, as it would be a motion conflicting with a previously-adopted motion that is still in effect. But two questions - 1) has the action in the first motion been carried out? and 2) does the second motion actually authorize the same action as the first?

Note that if the second motion were to call for action that conflicted with that of the first motion, but was adopted by a vote sufficient to satisfy the requirements for a motion to amend something previously adopted (majority vote with previous notice, 2/3 vote or a majority of the entire membership without previous notice), the second motion would be in order and would then change or rescind any actions of the first motion that had not already been carried out.

So, in order to give you a more definitive answer, we'd have to know more specifically what each motion was intended to do.

 

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Guest

The first motion was to simply change the structure of the Board (number of directors), and thus amend the By-Laws, and at the time of the second motion (in October), it had not been carried out yet.  The 2nd motion, was a general restatement of the 1st motion (made in March).

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Based on your statements, I would say that the second motion is not in order, and is also dilatory. But, why hasn't the action of the first motion been carried out? It was 8 months between motions.

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2 hours ago, Guest said:

The first motion was to simply change the structure of the Board (number of directors), and thus amend the By-Laws, and at the time of the second motion (in October), it had not been carried out yet.  The 2nd motion, was a general restatement of the 1st motion (made in March).

Does the board have the power to amend the bylaws?

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On 2/22/2016 at 3:13 PM, Guest said:

The first motion was to simply change the structure of the Board (number of directors), and thus amend the By-Laws,. . . .

 

On 2/22/2016 at 5:46 PM, Hieu H. Huynh said:

Does the board have the power to amend the bylaws?

 

11 hours ago, standing tall said:

Hieu ,I think this is what we are trying find out  

Well, the answer to who has the power to amend the bylaws should be easy enough to find out!  What do the bylaws say about amending them?   If the bylaws don't  give that power to the board, then it is only the membership who can amend them, unless  your are subject to some statute which would prevail over RONR.

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Guest
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