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GIVINIG THE MEMBERSHIP A PROPER NOTICE FOR A MEETING

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yoram kahana
Sat 6/1/2019 4:30 PM

 

Our Association's bylaw says this about giving notice for a meeting:

"Section 9.4.  Notice of Meetings.

Notice of any Membership Meeting, specifying the date, time and location thereof,

shall be given to each member by written notice sent by first class mail or by electronic transmission

 (including facsimile, e-mail and text message) at least ten days in advance.  "

 

 The secretary sent out an email notice to all members , but only seven days before the meeting.

When challenged, the excuse was that the meeting was included in the two week calendar that

goes out, also by email, to all members. This calendar went out two weeks before the meeting date.

The calendar lists all our activities for a two week period,on one page, divided in 14,  each day in a box,

with the briefest mention of each activity [space...].

The box for May 10 had:

---------------------------------------------

May 10

11 AM :  Candidates' Forum ( Association's Office)

1 PM Lunch ( Association's Office)

-------------------------------------------------------------

Was this calendar listing a proper notice as required by the bylaw?

 

Thank you

 

Yoram

 

 

 
 
 
 
 
yoram kahana
Sat 6/1/2019 4:30 PM

 

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This is pretty much a judgment call - and the call can only be made by the association members at the next meeting.

Soon as the meeting is called to order, anyone can raise a point of order that the meeting is not proper because of the inadequate notice.  After the chair rules, an appeal will lead to a majority vote on whether the notice was adequate or not. See RONR, page 247ff, for the details of how this is processed. .

Edited by jstackpo

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Agreeing with Dr. Stackpole, this is a decision only your organization can make based on the way your membership interprets the bylaws. It's a judgment call. However, in my personal opinion, the inclusion in the two-week calendar did not satisfy the notice requirement. Since I'm not a member of your organization, my opinion doesn't count for much. It is the opinion of your membership that counts.

Question: what is the custom in your organization of sending the notice of meetings? Is what happened this time a regular occurrence or are the notices usually sent in proper form at least 10 days prior to the meeting?

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I agree with the spirit of the two answers above, but I'm stumped as to how there can be a judgment call whether this particular calendar entry provided notice of a meeting, given that, so far as I can tell, there is no mention of a meeting. I see a Candidate Forum and a lunch. I don't see how that can possibly constitute notice of a meeting.

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3 hours ago, Joshua Katz said:

I agree with the spirit of the two answers above, but I'm stumped as to how there can be a judgment call whether this particular calendar entry provided notice of a meeting, given that, so far as I can tell, there is no mention of a meeting. I see a Candidate Forum and a lunch. I don't see how that can possibly constitute notice of a meeting.

:And I didn't see a location listed, which is one of the requirements.

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Guest Zev

I am a little bit worried that if the "Candidate's Forum" at 11 A.M. was the meeting in question, if the majority decide that seven days were enough notice then the absent members may be deprived of some valuable information that may affect their choices whenever the election rolls around and the result may leave some unhappy.  My suggestion would be to schedule another meeting with the ten days notice, if possible.

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The calendar listing appears to have been proper notice for the Candidates’ Forum and the Lunch, but it does not appear that either of these is intended to constitute a regular or special meeting of the membership convened for the purpose of transacting business.

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Since the secretary did, apparently, send out the usual meeting notice, in the usual form, I'd say that it, and not the newsletter, was intended to be the actual notice of the meeting.  But since it was not sent 10 days in advance, it was not a proper meeting notice, presuming I understand the bylaws language.

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Guest JCE

What is Robert's Rules of Order on Special Meeting notices. They are not spelled out in our CC&R's or By-Laws.

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24 minutes ago, Guest JCE said:

What is Robert's Rules of Order on Special Meeting notices. They are not spelled out in our CC&R's or By-Laws.

For starters, special meetings cannot be held at all unless authorized by the bylaws. The provision authorizing special meetings should specify who may call a special meeting and how much notice is required. As to the contents of the notice, the notice must include the “time, place, and purpose of the meeting, clearly and specifically describing the subject matter of the motions or items of business to be brought up.” (RONR, 11th ed., pg. 91) See RONR, 11th ed, pgs. 91-93 for more information.

For future reference, please post a new question as a new topic, even if there is an existing topic on a similar subject.

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