Challenging the board's interpretation of a bylaw

[Paradise]

Our condo association has advised an owner that they cannot park their RV/Van in the parking lot as the bylaws restrict Motor Homes.  The bylaw has been consistently applied this way for 20 years.  The new owner wishes to challenge the boards interpretation of the bylaw at the AGM stating that just because it is equipped as an RV it is not used as one so should be allowed inside.  This is an oversize van that impedes on neighbouring parking stalls.  We have no doubt that the owner would not be successful in her challenge, but in the interest of fairness wish to allow her an opportunity to present her case.  I have found a reference of  " if the assembly disagrees with a decision made by the board it can be countermanded or rescinded at a meeting of the association."  Based on this I am considering allowing a motion to countermand the boards interpretation of the bylaw but can not allow a change to the bylaw.  Do you think this would be appropriate and if so what level of support would the motion need?  A majority or two thirds?  Many thanks.

 

Edited February 26, 2018 at 12:13 AM by Paradise

[Chris Harrison]

The first question is if the General Membership has the authority to overturn the Board's interpretation of the Bylaws (assuming the Board has the authority to make the interpretation in the first place).  Generally speaking the body which has the authority to amend the Bylaws is the one that has the authority to interpret them so 1) who has the authority to amend the Bylaws? and 2) do the Bylaws grant the Board the authority to make interpretations and if so what procedures do they have for someone to challenge an interpretation? 

[Paradise]

Thanks. Yes the membership has the ability to change the bylaws but only at a extraordinary meeting with a 3/4's vote.    So yes I see your point that they would also have the ability to overturn the boards interpretation.   The question would still be whether it would require a special meeting and 3/4 vote or a simple majority at a regular meeting.  It seems this could allow the bylaws to effectively be changed with a lesser threshold.  Or could I ask for a 3/4 vote at a regular meeting?

[Hieu H. Huynh]

The board only has such powers that the bylaws provide. It's not clear to me whether the board has the power to interpret the bylaws in the first place.

[Shmuel Gerber]

16 hours ago, Paradise said:

I have found a reference of  " if the assembly disagrees with a decision made by the board it can be countermanded or rescinded at a meeting of the association."  Based on this I am considering allowing a motion to countermand the boards interpretation of the bylaw but can not allow a change to the bylaw.  Do you think this would be appropriate and if so what level of support would the motion need?  A majority or two thirds?  Many thanks.

Where did you find the reference to "if the assembly disagrees with a decision made by the board it can be countermanded or rescinded at a meeting of the association"? If it's in your bylaws, then obviously you would have to allow a motion to countermand the board's decision regarding the parking of this owner's vehicle. In deciding this motion, the assembly will have to take into account the meaning of the rule regarding motor homes, but that doesn't mean a vote is taken directly on "interpretation" of the bylaws.

As far as what vote is required, the normal vote requirement in Robert's Rules of Order for rescinding previous action is either (a) a two-thirds vote, (b) a majority vote if previous notice has been given, or (c) the vote of a majority of the entire membership. If any one of these attained, the motion to Rescind is adopted. However, in this case, I think an argument could be made that the rule "if the assembly disagrees with a decision made by the board it can be countermanded or rescinded at a meeting of the association" implied that this can be done by a majority vote. In order to avoid this question, the best thing would be to make sure that previous notice of the motion is given with the call of the meeting, so that a majority vote will be required regardless.

[Shmuel Gerber]

15 hours ago, Chris Harrison said:

The first question is if the General Membership has the authority to overturn the Board's interpretation of the Bylaws (assuming the Board has the authority to make the interpretation in the first place).  Generally speaking the body which has the authority to amend the Bylaws is the one that has the authority to interpret them so 1) who has the authority to amend the Bylaws? and 2) do the Bylaws grant the Board the authority to make interpretations and if so what procedures do they have for someone to challenge an interpretation? 

 

4 hours ago, Hieu H. Huynh said:

The board only has such powers that the bylaws provide. It's not clear to me whether the board has the power to interpret the bylaws in the first place.

I don't understand these comments. If there is a rule in the bylaws about the parking of motor homes, it seems perfectly normal that the board would decide a question about the parking of a (possible) motor home, and that has nothing to do with who has the power to amend the bylaws. Any person or body that is given administrative power to enforce the rules will frequently have occasion to interpret the meaning of those rules in order to properly apply them.