peaches70 Posted March 2, 2019 at 06:37 PM Report Share Posted March 2, 2019 at 06:37 PM If a member request for an item to be placed on the agenda, at the next board meeting. The item is placed on the agenda. The member is requesting permission to use part of the Common Ground for personal reason, does the board have to answer the request? Either with a approval, denial, or table the item. This is an HOA, I own the common area along with over 200 other owners, the Board has control. Quote Link to comment Share on other sites More sharing options...
Greg Goodwiller, PRP Posted March 2, 2019 at 07:03 PM Report Share Posted March 2, 2019 at 07:03 PM Unless something in your rules states otherwise, the board presumably has the authority to either grant or deny the request. And assuming the manner in which the request was made is appropriate under your rules, the board cannot simply ignore it. If it would prefer not to take a stand on the request (the result of which would be that the request is not granted, but without the board having declare it), the proper motion, rather than "table" would be "postpone indefinitely." That motion is treated more like a main motion - including the ability to debate the question. If a majority votes in favor of indefinite postponement, the matter goes away for that session. Quote Link to comment Share on other sites More sharing options...
peaches70 Posted March 2, 2019 at 07:15 PM Author Report Share Posted March 2, 2019 at 07:15 PM thank you, they just went on to the next agenda item with out any answer. I feel you gave me my answer. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted March 2, 2019 at 07:37 PM Report Share Posted March 2, 2019 at 07:37 PM 32 minutes ago, Greg Goodwiller said: And assuming the manner in which the request was made is appropriate under your rules, the board cannot simply ignore it. I agree, but on the facts here, is there any reason to make this assumption? It sounds like a request from a non-board member, so it's not clear to me why the board had to take it up. Even if it's on the agenda, the board could amend the agenda and not take it up. Quote Link to comment Share on other sites More sharing options...
peaches70 Posted March 2, 2019 at 07:51 PM Author Report Share Posted March 2, 2019 at 07:51 PM It was a members request not a board member, our documents state members can place request for the next board meeting so they can address the board. Quote Link to comment Share on other sites More sharing options...
Greg Goodwiller, PRP Posted March 2, 2019 at 07:53 PM Report Share Posted March 2, 2019 at 07:53 PM Guess I got lucky on that one Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted March 2, 2019 at 08:04 PM Report Share Posted March 2, 2019 at 08:04 PM I tend to agree with Mr.. Katz . Based on the facts as I understand them, I do not believe the board is under any obligation to even take up the matter unless this organization has a rule to the contrary. just because an item is listed on the agenda, does not mean that the assembly must take it up or even that a member must make a motion on it. If no one makes a motion when that item is reached, the chair should simply move on to the next item. Note: I do agree with Dr goodwiller that if the assembly wants to take up the matter but does not want to make a decision on the merits, it may simply vote to postpone the matter indefinitely. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted March 2, 2019 at 08:26 PM Report Share Posted March 2, 2019 at 08:26 PM 32 minutes ago, Greg Goodwiller said: Guess I got lucky on that one Perhaps. I'd still be curious about the wording - if it actually says that members can 'place requests' to address the board, I still think the board can knock it off the agenda. It seems like a fact-intensive question to me. Quote Link to comment Share on other sites More sharing options...
Greg Goodwiller, PRP Posted March 2, 2019 at 09:08 PM Report Share Posted March 2, 2019 at 09:08 PM Ok. So for "peaches," what is important to note is that nothing in Rboert's Rules would require a board to take any action on the basis of a request from a non-board member. Your rules may say that. But if they simply say that requests may be submitted, all that would mean is that the request would be read. If a board member did not then make any motion related to the request (to grant or deny it), then there would be no motion on the floor to postpone indefinitely, or on which to take any other parliamentary action - which actually sounds like what may have happened. If you are interested in further conversation or advice, can you please quote exactly what your bylaws state about business submitted to the board by non-board members? Quote Link to comment Share on other sites More sharing options...
Recommended Posts