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Liability


Tomm

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49 minutes ago, Tomm said:

If an emergency motion was passed to hire a contractor to make immediately needed repairs when a quorum wasn't present and the motion was never ratified. The repair job went badly. Are all the members of that meeting personally responsible/liable or only those who voted in favor of the motion?

As a parliamentary and practical matter, I would say that only those who voted in favor of the motion, and possibly also those who abstained, are responsible. I would not say that those who voted against the motion are responsible. After all, those who voted against the motion did not decide to spend the funds - they explicitly voted not to do so. To suggest that anyone who is present is responsible in such circumstances would seem to lead to absurd results, as it would require persons who do not support the motion to run out of the room in order to avoid being deemed “responsible.”

I would also say that persons who assisted in actually carrying out the motion (such as hiring and paying the contractor) are clearly responsible, regardless of how those persons voted on the motion or whether they were present at the time.

”Liability” is a legal term, however, so questions regarding which persons are liable is a question for an attorney.

Edited by Josh Martin
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