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Clarification of Authority


Jane
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I am seeking clarification regarding the "Authority" section of our by laws.  They read as follows...

Except as in herein otherwise specifically provided, the decision of the Board in all Associations matters shall be final, subject only to an appeal to the Association.  The Board shall have general control over all officers and committees and may, for good cause, declare an office vacant.  it shall constitute a Board of Appeal form the rulings of all officers and actions of committees.  Appeal may be taken from any decision of the Bard to the Association.  On such appeal the decision  appealed from shall be reversed only by two-thirds vote of the members present, at the regular meeting specified by the Board, a quorum being present, notice of such appeal having been given by the secretary to all members of the Association at least fifteen (15) days previous to such meeting.

Does this mean that any Board decision can be challenged by filing an appeal?  At the regular meeting where the appeal is to be discussed/voted on, can it be reversed based on the vote of any qualifying association members, and not just the Board?  Providing the other criteria mentioned above have been met.  Thank you.

 

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3 hours ago, Jane said:

I am seeking clarification regarding the "Authority" section of our by laws.  They read as follows...

Except as in herein otherwise specifically provided, the decision of the Board in all Associations matters shall be final, subject only to an appeal to the Association.  The Board shall have general control over all officers and committees and may, for good cause, declare an office vacant.  it shall constitute a Board of Appeal form the rulings of all officers and actions of committees.  Appeal may be taken from any decision of the Bard to the Association.  On such appeal the decision  appealed from shall be reversed only by two-thirds vote of the members present, at the regular meeting specified by the Board, a quorum being present, notice of such appeal having been given by the secretary to all members of the Association at least fifteen (15) days previous to such meeting.

Does this mean that any Board decision can be challenged by filing an appeal?  At the regular meeting where the appeal is to be discussed/voted on, can it be reversed based on the vote of any qualifying association members, and not just the Board?  Providing the other criteria mentioned above have been met.  Thank you.

 

Your organization must interpret its own bylaws, but it appears to me that the bylaws themselves say that an appeal from a decision of the board is taken to the membership. It would not make any sense for the board to appeal to itself. I don't see how the quoted provision can be read that way.

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5 hours ago, Jane said:

Except as in herein otherwise specifically provided, the decision of the Board in all Associations matters shall be final, subject only to an appeal to the Association.  

The Board shall have general control over all officers and committees and may, for good cause, declare an office vacant. 

It shall constitute a Board of Appeal form the rulings of all officers and actions of committees.  

Appeal may be taken from any decision of the Board to the Association.  

On such appeal the decision appealed from shall be reversed only by two-thirds vote of the members present, at the regular meeting specified by the Board, a quorum being present, notice of such appeal having been given by the secretary to all members of the Association at least fifteen (15) days previous to such meeting.

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Q.Does this mean that any Board decision can be challenged by filing an appeal?  

Q. At the regular meeting where the appeal is to be discussed/voted on, can it be reversed based on the vote of any qualifying association members, and not just the Board?

 

You asked, "Can any board decision be challenged by filing an appeal?"

The only restriction listed is this:

>> Appeal may be taken from any decision of the Board to the Association.

Q. What kind of decision can the board possibly make which would be above and beyond "any decision"?

Q. What does "any" mean, other than "all"? Without exception?

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