Guest Dave B. Posted December 10, 2019 at 09:49 PM Report Share Posted December 10, 2019 at 09:49 PM Wanting a second opinion (or two)... Recently, the Board of Directors of an Association I am advising made and adopted a motion contrary to the Association's bylaws. The decision was announced to the general membership and it was quickly pointed out that the motion was improper and its adoption null and void. The Chair agreed and the Board is moving to correct its error. I am of two minds in advising the Board on how to proceed at their next meeting. Should they: A. The Chair states the fact that the motion and its subsequent adoption were improper and are therefore null and void; to be recorded as such in the minutes of the next meeting; or B. Work with an officer, most likely the Vice-Chair, to make a motion to rescind the previously adopted motion and thereby require a majority vote to pass. (The Board has already been notified that their adoption of the motion was improper so I would consider that previous notification.) I feel either A or B suffice and a record of the action will be recorded in the minutes but I've never come across this before and would like some sagely counsel. Thank you for your consideration, Dave Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted December 10, 2019 at 10:34 PM Report Share Posted December 10, 2019 at 10:34 PM 44 minutes ago, Guest Dave B. said: Wanting a second opinion (or two)... Recently, the Board of Directors of an Association I am advising made and adopted a motion contrary to the Association's bylaws. The decision was announced to the general membership and it was quickly pointed out that the motion was improper and its adoption null and void. The Chair agreed and the Board is moving to correct its error. I am of two minds in advising the Board on how to proceed at their next meeting. Should they: A. The Chair states the fact that the motion and its subsequent adoption were improper and are therefore null and void; to be recorded as such in the minutes of the next meeting; or B. Work with an officer, most likely the Vice-Chair, to make a motion to rescind the previously adopted motion and thereby require a majority vote to pass. (The Board has already been notified that their adoption of the motion was improper so I would consider that previous notification.) I feel either A or B suffice and a record of the action will be recorded in the minutes but I've never come across this before and would like some sagely counsel. Option A is correct. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted December 10, 2019 at 11:00 PM Report Share Posted December 10, 2019 at 11:00 PM Further, option B is incorrect. Imagine what situation the board would be in if the motion to rescind failed. Quote Link to comment Share on other sites More sharing options...
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