Oversight Leads to Conflicting BOD Actions

[Guest Bill]

We are a small HOA Board of five. Our community Town Hall Meetings were suspended in the middle of the Covid epidemic. In July 2021 we voted to resume the Town Halls based on most of the restrictions being either lifted or significantly reduced.

In August 2022, with none of the BOD members recalling the action taken in July 2021, the issue of resuming Town Halls was raised again. After discussion, a motion was made and seconded to resume Town Halls. This time, on a vote of 3-2 against the motion to resume. There was no motion to rescind, amend or reconsider the action taken in July 2021 to resume.

How would the parliamentarian rule in this instance?

 

 

[Atul Kapur]

First, the parliamentarian does not rule. They advise the presiding officer, who makes rulings.

The August 2022 motion was not in order, but that does not matter, as it was defeated. The July 2021 motion is still in effect.

You appear to be violating the July 2021 motion if you have not been holding town halls. Or, at least, negligent in your duties.

If you wish to not follow the July 2021 motion, you should take efforts to rescind (aka repeal or cancel) it. What you did in August was not that.

Edited September 17, 2022 at 01:32 AM by Atul Kapur

[Weldon Merritt]

On 9/16/2022 at 6:28 PM, Guest Bill said:

How would the parliamentarian rule in this instance?

Not at all! The parliamentarian advises the chair. The chair is the one who rules. And Dr. Kapur has given you the correct answer on how the chair should rule.

[Gary Novosielski]

On 9/16/2022 at 8:28 PM, Guest Bill said:

We are a small HOA Board of five. Our community Town Hall Meetings were suspended in the middle of the Covid epidemic. In July 2021 we voted to resume the Town Halls based on most of the restrictions being either lifted or significantly reduced.

In August 2022, with none of the BOD members recalling the action taken in July 2021, the issue of resuming Town Halls was raised again. After discussion, a motion was made and seconded to resume Town Halls. This time, on a vote of 3-2 against the motion to resume. There was no motion to rescind, amend or reconsider the action taken in July 2021 to resume.

 

I'm confused about what's actually going on.  If no meetings have been held, where are these votes to resume taking place? If you're voting on motions, where else but in a meeting could this possibly take place?

[Joshua Katz]

Mr. Novosielski, it appears to me that the motions relate to town hall meetings where the board addresses the community (and which are probably not meetings in the parliamentary sense), not board meetings.

[Gary Novosielski]

On 9/17/2022 at 9:28 PM, Joshua Katz said:

Mr. Novosielski, it appears to me that the motions relate to town hall meetings where the board addresses the community (and which are probably not meetings in the parliamentary sense), not board meetings.

If that is indeed the case here, then I would question why the board cannot simply refer to the minutes of the meeting at which the question was previously decided, but I fear I can probably predict what the answer would be.

It would not even surprise me to learn that the board lacked the power to suspend these town-hall-style meetings in the first place.  Without a full review of the bylaws and minutes, I'd be well into the weeds of wild guessing.

Edited September 18, 2022 at 01:34 AM by Gary Novosielski

[Guest Bill]

Neither our Declaration of CR&E's nor our By Laws address Town Hall meetings. Several years ago the BOD at the time initiated these meetings to allow the membership a voice in how the BOD manages the affairs of the Association. They were suspended in early 2020 due to Covid.