Guest Pat Posted November 15, 2022 at 06:17 PM Report Share Posted November 15, 2022 at 06:17 PM Our community has a "no ball playing on the beach" Rule. Every year someone, usually the same person makes a motion for a rule change on the ballot to allow ball playing. Every year it gets voted down. Question - Is there a limit or can a moratorium be placed on the repetitive attempt to change the rule? Explanation - can the board state, after 3 attempts to change a rule in 3 consecutive years - you cannot make the motion again for 5 years? Where should I look for this answer? Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted November 15, 2022 at 07:10 PM Report Share Posted November 15, 2022 at 07:10 PM As far as RONR (12th ed.) goes, the motion may be renewed at each session. See RONR (12th ed.) §38. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 15, 2022 at 09:40 PM Report Share Posted November 15, 2022 at 09:40 PM On 11/15/2022 at 1:17 PM, Guest Pat said: Our community has a "no ball playing on the beach" Rule. Every year someone, usually the same person makes a motion for a rule change on the ballot to allow ball playing. Every year it gets voted down. Question - Is there a limit or can a moratorium be placed on the repetitive attempt to change the rule? Explanation - can the board state, after 3 attempts to change a rule in 3 consecutive years - you cannot make the motion again for 5 years? Where should I look for this answer? You can look right here, and the answer is No, they can't. Certainly not the board, since from the sound of it, this is an Annual General Meeting of the membership, not a board meeting, so the board can't even order pizza. Since the membership is a superior body to the board, the board cannot give instructions to the membership on how they will handle their meeting. The rule in RONR is that the same motion, if defeated, can be renewed (made again) at each succeeding session without limit. Quote Link to comment Share on other sites More sharing options...
Guest Pat Posted November 15, 2022 at 09:54 PM Report Share Posted November 15, 2022 at 09:54 PM Thank you both for your valuable reply! Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted November 16, 2022 at 05:47 PM Report Share Posted November 16, 2022 at 05:47 PM On 11/15/2022 at 12:17 PM, Guest Pat said: Is there a limit or can a moratorium be placed on the repetitive attempt to change the rule? Explanation - can the board state, after 3 attempts to change a rule in 3 consecutive years - you cannot make the motion again for 5 years? While I agree with the previous answers by my colleagues, if this is a private organization such as a homeowner or condo association, the membership might be able to amend the bylaws to place some sort of limit on making essentially the same motion repeatedly. I think such a rule could also be adopted by the membership as a special rule of order. However, such a rule can lead to unintended consequences. These repeated motions, if made only once a year, can be easily and quickly disposed of by someone immediately moving the previous question as soon as the motion is made and seconded (if it gets seconded). The motion for the previous question requires a second and is not debatable and is voted on immediately. Another method to quickly stop it would be for someone to immediately "object to the consideration of the question". Such an objection (which is actually a motion) does not require a second, is not debatable, and requires a two thirds vote AGAINST consideration of the motion in order to be adopted. The objection (motion) must be made before any debate takes place. See Section 26 of RONR (12th ed.) for more information. Either of those two methods would result in quickly disposing of the unwanted motion so that the assembly can move on to other business. It works best if at least one member is briefed ahead of time and is prepared to quickly rise to make one of those motions as soon as the "ball playing" motion is made and seconded. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted November 23, 2022 at 11:49 PM Report Share Posted November 23, 2022 at 11:49 PM On 11/15/2022 at 1:17 PM, Guest Pat said: Our community has a "no ball playing on the beach" Rule. Every year someone, usually the same person makes a motion for a rule change on the ballot to allow ball playing. On 11/16/2022 at 12:47 PM, Richard Brown said: Another method to quickly stop it would be for someone to immediately "object to the consideration of the question". Such an objection (which is actually a motion) does not require a second, is not debatable, and requires a two thirds vote AGAINST consideration of the motion in order to be adopted. The objection (motion) must be made before any debate takes place. It seems that the rule already exists, and the motion is to change it — i.e., it is an incidental main motion to Amend Something Previously Adopted. Therefore, an Objection to Consideration of the Question would not be in order. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted November 24, 2022 at 12:13 AM Report Share Posted November 24, 2022 at 12:13 AM On 11/23/2022 at 5:49 PM, Shmuel Gerber said: It seems that the rule already exists, and the motion is to change it — i.e., it is an incidental main motion to Amend Something Previously Adopted. Therefore, an Objection to Consideration of the Question would not be in order. You are correct. I agree. I was overlooking the fact that the motion is actually a motion to rescind or amend something previously adopted. Quote Link to comment Share on other sites More sharing options...
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