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Requesting a trial?

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Is the only way to get a trial going is through a motion?

Can anyone elaborate on how, in an HOA membership and board, what role does the membership play in:

1. Getting the trial initiated

2. The trial itself

Also: does a trial always require actions that happen outside of a meeting? Some things happened at a recent meeting I was not at. Several actions were taken against me, I believe in retaliation.

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2 hours ago, .oOllXllOo. said:

Is the only way to get a trial going is through a motion?

Can anyone elaborate on how, in an HOA membership and board, what role does the membership play in:

1. Getting the trial initiated

2. The trial itself

If your Bylaws say nothing about discipline then you follow RONR Chapter XX.  If they do discuss discipline then you follow them.  As far as RONR is concerned a Chapter XX trial (with all its rigamarole) is necessary unless the offending member was "caught in the act" during a meeting (for example repeatedly using indecorous language) in which case the assembly deals with it then and there.

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Also: does a trial always require actions that happen outside of a meeting?

No.  There could be situations where something took place during a meeting and for whatever reason the assembly didn't deal with it at that point.  For example the assembly really can't do much at the time if all actions taken at the meeting would be invalid in the first place (no quorum or the meeting was improperly noticed).  In that case the assembly would need to hold off taking action until it can be validly done though at that point a full trial would be necessary since not everyone who was there in Meeting #2 were there at Meeting #1 to see what happened.

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5 hours ago, .oOllXllOo. said:

Is the only way to get a trial going is through a motion?

For starters, do your bylaws have their own disciplinary procedures? If so, what do they say? If not, is this concerning a member of the society or of the board? If the latter, what do the bylaws say regarding the term of office?

If your bylaws are silent, and a trial is required. then yes, a motion (several motions, actually) will be needed.

5 hours ago, .oOllXllOo. said:

Can anyone elaborate on how, in an HOA membership and board, what role does the membership play in:

1. Getting the trial initiated

2. The trial itself

If the bylaws are silent regarding discipline, see RONR, 11th ed., pgs. 656-669.

5 hours ago, .oOllXllOo. said:

Also: does a trial always require actions that happen outside of a meeting? Some things happened at a recent meeting I was not at. Several actions were taken against me, I believe in retaliation.

Under the disciplinary procedures in RONR, a trial is also required for actions taken at a previous meeting. It is only when action is being taken against a member for actions taken in the current meeting where abbreviated procedures (discussed on pgs. 644-648) are permitted.

”In addition, even when improper conduct occurs at a meeting, in order for disciplinary action to be taken other than promptly after the breach occurs, charges must be preferred and a formal trial held. However, the only way in which a member may be disciplined for words spoken in debate is through the procedure described on pages 645–48, which may be employed only promptly after the breach occurs.” (RONR, 11th ed., pg. 649)

I assume the “you snooze, you lose” rule is not applicable in cases where the words were spoken in a board or committee meeting, given that those bodies have very limited power to discipline their own members under RONR.

I must stress again, however, that if your bylaws have their own rules on discipline, those rules take precedence.

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7 hours ago, Josh Martin said:

For starters, do your bylaws have their own disciplinary procedures? If so, what do they say? If not, is this concerning a member of the society or of the board? If the latter, what do the bylaws say regarding the term of office?

If your bylaws are silent, and a trial is required. then yes, a motion (several motions, actually) will be needed.

If the bylaws are silent regarding discipline, see RONR, 11th ed., pgs. 656-669.

Under the disciplinary procedures in RONR, a trial is also required for actions taken at a previous meeting. It is only when action is being taken against a member for actions taken in the current meeting where abbreviated procedures (discussed on pgs. 644-648) are permitted.

”In addition, even when improper conduct occurs at a meeting, in order for disciplinary action to be taken other than promptly after the breach occurs, charges must be preferred and a formal trial held. However, the only way in which a member may be disciplined for words spoken in debate is through the procedure described on pages 645–48, which may be employed only promptly after the breach occurs.” (RONR, 11th ed., pg. 649)

I assume the “you snooze, you lose” rule is not applicable in cases where the words were spoken in a board or committee meeting, given that those bodies have very limited power to discipline their own members under RONR.

I must stress again, however, that if your bylaws have their own rules on discipline, those rules take precedence.

No Bylaws mention on discipline. Removing a board member or the whole board by the vote of the membership is the only thing mentioned.

RONR is our adopted Parliamentary Rules.

 

 

 

Edited by .oOllXllOo.

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2 hours ago, .oOllXllOo. said:

No Bylaws mention on discipline. Removing a board member or the whole board by the vote of the membership is the only thing mentioned.

If it is desired to remove a board member, then those are the procedures that must be followed.

What is the end goal of this procedure? Censure may generally be adopted without a trial, and for board members, there isn’t a whole lot in between censure and removal.

To the extent that formal disciplinary procedures are required, however, those procedures may be found on the pages previously cited. 

Edited by Josh Martin

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