Does RONR cover the topic of new boards and what, if anything, “carries over”?

[BabbsJohnson]

 I don’t know what to look for or where but it seems that I’ve heard it somewhere explained here I just don’t know how to reference it...  and forgive the long exclamation to try to get a clear question out...

When a new board gets elected, do the decisions of the old board... do they all go to basically zero? Unless it’s regarding an ongoing vendor contract or something like that?

Example: one board member is on the board for several years... and a subject comes up they say  “oh, we already decided this about that” (in essence) 

Do past decisions of the board carry over to new boards?  

Since HOA board’s typically don’t seem to have the same kind of references that like caselaw for instance, for its own past decision making, doesn’t everything basically reset to zero for every new board?

Is there something in RONR that covers this?

[Rob Elsman]

Unless an adopted main motion provides for its own "sunset" or is rescinded, it remains in force, even if some or all of the members have been replaced. RONR (11th Ed.), p. 111, footnote.

[Chris Harrison]

An adopted motion continues in force until it is fully executed, amended, rescinded, or reconsidered.  A motion that is defeated can be renewed (subject of course to any rules governing how and when it can be introduced).  So in other words, just because the assembly decided something doesn't mean a future assembly can't go another direction.

[Bruce Lages]

The only things that don't carry over to the new board are items of business that have been taken up, but not disposed of at the time when the membership changes, and which have not been referred to a committee (p. 488,l.22 - p.489, l.16). This section also outlines the impact of a total or partial board membership replacement on board-elected officers and committee chairs.

[BabbsJohnson]

Thank you all, this was just what I was looking for.

[Joshua Katz]

2 hours ago, .oOllXllOo. said:

do they all go to basically zero?

No.

2 hours ago, .oOllXllOo. said:

and a subject comes up they say  “oh, we already decided this about that” (in essence) 

Go check the minutes.

2 hours ago, .oOllXllOo. said:

Do past decisions of the board carry over to new boards?  

 

Yes, of course - in part because there is no "new board" and "old board." There's just a board. The people on it change, but the board remains. 

 

2 hours ago, .oOllXllOo. said:

 Since HOA board’s typically don’t seem to have the same kind of references that like caselaw for instance, for its own past decision making, doesn’t everything basically reset to zero for every new board?

 

No. If you want to know what was decided in the past and people don't remember, refer to the minutes.

[BabbsJohnson]

1 hour ago, Chris Harrison said:

An adopted motion continues in force until it is fully executed, amended, rescinded, or reconsidered.  A motion that is defeated can be renewed (subject of course to any rules governing how and when it can be introduced).  So in other words, just because the assembly decided something doesn't mean a future assembly can't go another direction.

One thing ...there was an item of business  that was improperly handled six months ago.  

there was a committee that existed, and it was brought to the table in a way that actually broke state law, but I did not know that at the time and I don’t think anyone else did either...

there was an (illegal) discussion about getting rid of the committee, and then an announcement that the committee was no more, but there was never a resending of the original motion, and I don’t even think there was a motion or a vote to get rid of the committee it was just a discussion (illegal discussion) and an announcement in open session.

If the board acted from that point forward as if this bit of business had been properly handled, what would you say about that?

 Does it default to some kind of “done deal” mode because they acted as if it was handled correctly?

 Just a note:

The committee had certain privileges, and those privileges were taken away...  should they be immediately reinstated or ?

If the committee in fact still exists...

 

Edited June 15, 2019 at 07:52 PM by .oOllXllOo.

[BabbsJohnson]

5 minutes ago, Joshua Katz said:

No.

Go check the minutes.

Yes, of course - in part because there is no "new board" and "old board." There's just a board. The people on it change, but the board remains. 

 

No. If you want to know what was decided in the past and people don't remember, refer to the minutes.

Ok, will do, thanks

[Joshua Katz]

5 minutes ago, .oOllXllOo. said:

If the board acted from that point forward as if this bit of business had been properly handled, what would you say about that?

 

I can't really follow the description of what happened, but as a general matter, most procedural issues must be raised at the time they occur. There is an exception for motions in violation of the bylaws. If (as seems likely here) the problem is that no decision was ever made, and people just acted as if one were, then a point of order remains in order. If no motion to rescind was adopted, the original motion remains in effect, and you could raise a point of order that it ought to be followed. (However, in the case of appointing a committee, see Mr. Lages's post above.)

[BabbsJohnson]

Thank you.

I continue to be humbled by the knowledge and generosity I find here.