Jump to content
The Official RONR Q & A Forums

Recommended Posts

Hi all, 

Suppose you have a meeting where you considering a motion that requires 7 days notice as per the bylaws. Further, suppose that this meeting is inquorate. The President then calls a special meeting with 4 days notice as required in the bylaws to consider that motion, is notice fulfilled? Or does the special meeting also have to be at least 7 days in advance?

Link to post
Share on other sites
10 minutes ago, Rob Elsman said:

Without seeing the bylaw,

Let's for sake of discussion show the bylaw clause pertinent here:

"[the governing documents can be amended] by a two-thirds vote provided that notice of fourteen (14) days has been provided to all members of the Board of Directors"

Does this change anything? I don't think so, but I don't mind hearing everyone's opinion. 

Link to post
Share on other sites
1 hour ago, JustinPappano said:

Suppose you have a meeting where you considering a motion that requires 7 days notice as per the bylaws. Further, suppose that this meeting is inquorate. The President then calls a special meeting with 4 days notice as required in the bylaws to consider that motion, is notice fulfilled? Or does the special meeting also have to be at least 7 days in advance?

The latter, I think. It seems to me that notice would need to be provided anew. I don't think notice given for a motion intended to be made at a regular meeting "carries over" to a special meeting.

If the assembly instead established an adjourned meeting I think they would be covered.

1 hour ago, JustinPappano said:

Let's for sake of discussion show the bylaw clause pertinent here:

"[the governing documents can be amended] by a two-thirds vote provided that notice of fourteen (14) days has been provided to all members of the Board of Directors"

Does this change anything? I don't think so, but I don't mind hearing everyone's opinion. 

No, this does not change my opinion.

31 minutes ago, Daniel H. Honemann said:

Suppose that, instead, they go ahead and adopt the bylaw amendment even although no quorum is present.  Can a special meeting then be called to ratify this action?

Yes, I think so, although I am inclined to think that a motion to ratify has the same requirements for adoption as the action being ratified, including any previous notice requirements.

Link to post
Share on other sites
9 hours ago, JustinPappano said:

Hi all, 

Suppose you have a meeting where you considering a motion that requires 7 days notice as per the bylaws. Further, suppose that this meeting is inquorate. The President then calls a special meeting with 4 days notice as required in the bylaws to consider that motion, is notice fulfilled? Or does the special meeting also have to be at least 7 days in advance?

Special meetings do require notice, but it does not necessarily have to be the same interval as that required for bylaws amendments.  The fact that the 7-day notice of amendment was duly given does not shorten the notice required for a special meeting.

This whole question can be avoided by setting an adjourned meeting rather than a special meeting.

Link to post
Share on other sites
9 hours ago, Daniel H. Honemann said:

Suppose that, instead, they go ahead and adopt the bylaw amendment even although no quorum is present.  Can a special meeting then be called to ratify this action?

 

5 hours ago, Daniel H. Honemann said:

I'd say that the notice requirement has been complied with.

I agree. I do not believe that additional notice is necessary in order to ratify the action taken at the inquorate meeting for which proper notice had been given.

Link to post
Share on other sites
Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...