kavkav Posted April 2, 2017 at 01:10 AM Report Share Posted April 2, 2017 at 01:10 AM There's a neighborhood association I've been working with that recently passed a motion to open nominations and hold an election to fill a vacancy in the office of secretary. The bylaws, however, clearly state that the vacancy must be filled by a vote of the board. My question is, is the motion considered void since it contradicts the bylaws? Or must the motion be rescinded at the next meeting? Thanks so much. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted April 2, 2017 at 01:21 AM Report Share Posted April 2, 2017 at 01:21 AM Without offering an opinion on whether or not this motion violates the bylaws, since I haven't read them, a motion that contradicts the bylaws is subject to a point of order. It is a continuing breach, and so can be objected to at any time it remains in effect. So, in essence, yes, it is 'considered void,' but only after a point of order is raised and ruled upon at a meeting. It doesn't need to be rescinded if the point of order is ruled well-taken. If it is not ruled well-taken, you can appeal. Quote Link to comment Share on other sites More sharing options...
kavkav Posted April 2, 2017 at 01:39 AM Author Report Share Posted April 2, 2017 at 01:39 AM Thank you for the reply! Here is the relevant section of the bylaws, for clarity: Quote In the event of a vacancy or no candidacy occurring in any office, other than the President, the remainder of that term of office will be served by a person elected by a majority vote of the remaining Board members. If the office of President becomes vacant the Vice-President will serve. The motion that was passed at the previous meeting was to open nominations for the vacant position of secretary and hold an election on such-and-such date. I really appreciate your help! Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted April 2, 2017 at 02:49 AM Report Share Posted April 2, 2017 at 02:49 AM It appears to me, based on the information provided, that only your board can fill that vacancy Quote Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted April 2, 2017 at 11:28 AM Report Share Posted April 2, 2017 at 11:28 AM >> In the event of a vacancy or no candidacy occurring in any office, other than the President, the remainder of that term of office will be served by a person >> elected by a majority vote of the remaining Board members. >> The motion that was passed at the previous meeting was >> to open nominations for the vacant position of secretary. *** So far, these two steps do not necessarily contradict each other. *** I'm not too crazy about the "... hold an election ..." part, though. The board must do this latter action, not the general membership. Quote Link to comment Share on other sites More sharing options...
kavkav Posted April 4, 2017 at 12:44 AM Author Report Share Posted April 4, 2017 at 12:44 AM Thank you all very much for your analysis. Quote Link to comment Share on other sites More sharing options...
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