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status of illegal carried motion


Guest Cathy

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After a motion was made and seconded, the chair should have ruled it out of order, as the content of the motion was in violation of the HOA's Declaration. The chair did not realize this until two days after the meeting was completed. Can the chair simply declare the carried motion void? Or does this have to come back before the board for rescinding? There has been no action taken as yet to fulfill the motion.

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Just to be exquisitely clear (or exasperatingly clear, you choose):

The Chair can rule the motion null and void, but only at a meeting. That's the case whether the Chair makes the ruling on their own initiative or in response to a Point of Order.

Guest Cathy's question suggested she was thinking of whether the Chair could just rule the motion null and void now, two days after the meeting.

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