Three minute debate limit.

[Guest Kathy Anderson]

My condominium association board has limited debate on any point to three minutes.  Our bylaws state that the board has the right to limit discussions to a reasonable period of time and that rule must be in writing.  They won't budge on this.  Any thoughts or recommendations?  Thank you.

[Rob Elsman]

Presuming the board is acting within its authority pursuant to the bylaw you have mentioned, the only actions I can think of would be the election of different board members or the amendment of the bylaw to strike out this "right" of the board.

[Josh Martin]

12 minutes ago, Guest Kathy Anderson said:

My condominium association board has limited debate on any point to three minutes.  Our bylaws state that the board has the right to limit discussions to a reasonable period of time and that rule must be in writing.  They won't budge on this.  Any thoughts or recommendations?  Thank you.

I'm a little unclear on the details here. Is the limit in question being applied to board meetings or to meetings of the full association? If the former, then the board is entirely within its rights to limit debate in this manner, and would have such rights even if the rule in the bylaws on this subject did not exist. If that is the case, I don't think there is any recourse except to attempt to persuade board members that a different limit would be preferable. A special rule of order may be adopted (or amended) by a 2/3 vote with previous notice or a vote of a majority of the entire membership (of the board, in this case).

If the limit is being applied to meetings of the full association, then I would note that is not ordinarily a power the board would have. Generally, only the association's membership may limit debate at meetings of the association's membership. In this event, it will first be necessary to carefully review the exact wording of the rule to determine whether 1) it in fact applies to meetings of the association's membership and 2) the rule grants the board exclusive authority in this regard.

If the board lacks authority to adopt such limits for meetings of the association's membership, then a Point of Order, followed by an Appeal if necessary, may be raised. If the board has authority (but not exclusive authority) in this regard, then the association may amend or rescind the rule the board has adopted in this matter. If the rule does in fact grant the board exclusive authority in this regard, then I concur with Mr. Elsman that there is no recourse except to elect different board members and/or to amend the bylaws to remove the rule in question.

[Rob Elsman]

I thought it was pretty clear that the bylaw gave the board the right to limit debate in the general membership assembly, but I could be wrong.

[Guest Puzzling]

34 minutes ago, Guest Kathy Anderson said:

My condominium association board has limited debate on any point to three minutes.  Our bylaws state that the board has the right to limit discussions to a reasonable period of time and that rule must be in writing.  They won't budge on this.  Any thoughts or recommendations?  Thank you.

First of all what exactly do the bylaws state (do quote,  do not paraphrase) 

Then what do higher rules (state) laws , covenants and so on state (they have priority) go to the website of the homeowners protection bureau www.hopb.co  for the more legal side. 

Then is this a board or a membership meeting? (The rule can be suspended in a membership meeting by a 2/3 supermajority). 

Debate does not include questions (request for information) 

Also try to get amendment of  the agenda so that there is enough time reserved /available for more debate, requests for information and points of order.

 

[Richard Brown]

1 hour ago, Guest Kathy Anderson said:

My condominium association board has limited debate on any point to three minutes. 

Guest Kathy Anderson, please clarify whether this rule applies to just the board, or just to general membership (homeowner) meetings, or to both types of meetings.  Also, just out of curiosity, please clarify whether this debate limit is three minutes per person per speech or three minutes of total debate per motion. 

if the rule is not specific as to whether it applies to board meetings or general membership meetings, then tell us which portion of the bylaws it appears in. Is it in the section dealing with general membership meetings or the section dealing with meetings of the board? Please quote the relevant provision verbatim, do not paraphrase.

Regardless of whether the rule applies to board meetings or to general membership meetings or to both types of meetings, the rule can be suspended by a 2/3 vote of the body which is meeting unless the rule or some other rule provides to the contrary. It is quite common for organizations with short limits on speech or debate to extend debate by virtue of the motion to limit or extend debate. Actually, the rules don’t even have to be suspended to do so. That is the purpose of the motion to limit or extend the limits of debate. See section 15 in the 12th edition of RONR.

 

[Gary Novosielski]

On 2/25/2021 at 10:22 AM, Rob Elsman said:

I thought it was pretty clear that the bylaw gave the board the right to limit debate in the general membership assembly, but I could be wrong.

Well, it doesn't say that, and since it was a paraphrase, it could well be that the misunderstanding took place on its way to this forum.