Definition of “Annual Test”

[Guest Joshua Slocum]

Our boating club Board recently passed a rule requiring members boats to be “tested annually” to ensure their shore power cords are safe.  The testing process is easy - its the calendar that is the problem.  The rule doesn’t specify when the year starts & ends.  The rule as passed makes no provision for implelentation, i.e., a date by which all members must be tested.  With winter coming soon, and heaters being put onto boats for heat, some of us would like to get all the boats tested soon.
 

1.  What does RRoO say about when the year starts & ends?  In the absence of a specified date is it the calendar year by default?  Is it the date the rule was passed?    Or is RRoO silent on this point?

2.  Upon passage of the rule, did all members immediately become out of compliance with the rule?  Or do they have 365 days to get tested?  Or do they have until the end of the current calendar year?
 

3.  Is Board action required to clean this up if we want to require all boats to be tested before winter?

Thanks!

[Hieu H. Huynh]

Your organization will have to decide the details of its rules.

[Richard Brown]

45 minutes ago, Guest Joshua Slocum said:

1.  What does RRoO say about when the year starts & ends?  In the absence of a specified date is it the calendar year by default?  Is it the date the rule was passed?    Or is RRoO silent on this point?

RONR is silent on that point.

45 minutes ago, Guest Joshua Slocum said:

2.  Upon passage of the rule, did all members immediately become out of compliance with the rule?  Or do they have 365 days to get tested?  Or do they have until the end of the current calendar year?

As Mr. Huynh stated so succinctly, your organization will have to decide on/interpret those details.

45 minutes ago, Guest Joshua Slocum said:

3.  Is Board action required to clean this up if we want to require all boats to be tested before winter?

Further action by the membership or the board, if the board has that power, is probably going to be necessary to work out those details or insert some dates.  It can likely be done by amending the motion previously adopted to specify an effective date and an annual deadline for the inspection.

Edited to add:  The motion to amend something previously adopted, if made without previous notice, requires either a two-thirds vote or a vote of a majority of the entire membership.  If previous notice of the motion is given, it can be adopted by a regular majority vote.   (If it is the board taking the action, rather than the membership, then my reference above to "a majority of the entire membership" would apply to a majority of the entire membership of the board rather than the general membership.  That is often easier to obtain in boards than a two thirds vote).

 

Edited September 18, 2020 at 02:28 AM by Richard Brown
Added last paragraph

[Guest Joshua Slocum]

Thanks for your help!!!