Guest chris Posted July 28, 2023 at 04:58 PM Report Share Posted July 28, 2023 at 04:58 PM Months ago a motion was made and passed through the board and brought to the membership where it again passed to have an assessment for 2 yrs. 3/4 of the members have already paid while some have not and did not meet the time line. As we want to try and do something about it there is talks of trying to make a new motion that will supersede the existing motion. Is this even possible? Thanks. Quote Link to comment Share on other sites More sharing options...
rulesasker Posted July 28, 2023 at 05:48 PM Report Share Posted July 28, 2023 at 05:48 PM Yes, see section 35, motion to amend or rescind something previously adopted. Quote Link to comment Share on other sites More sharing options...
Guest Chris Posted July 28, 2023 at 05:58 PM Report Share Posted July 28, 2023 at 05:58 PM Thank you. I was looking at this and other sections regarding amending and rescinding. However if something has been acted upon it appears neither could be done. SO in this case money has been paid by over 3/4 of the people how would this work? Quote Link to comment Share on other sites More sharing options...
rulesasker Posted July 28, 2023 at 06:04 PM Report Share Posted July 28, 2023 at 06:04 PM There is a separate section on amendments of motions that have not been adopted (12). You can amend or rescind an adopted motion with a higher voting threshold as described in section 35. On 7/28/2023 at 12:58 PM, Guest Chris said: SO in this case money has been paid by over 3/4 of the people how would this work? This would be something you society needs to decide when adopting the amendment. You could include some provision that individuals will be refunded if that is what the society wants to do. Your society is not able to go back in time and change things that happened in the past, but it is able to stop a decision made in the past from having an undesired effect and make a new decision about what will be done in the future. Quote Link to comment Share on other sites More sharing options...
J. J. Posted July 28, 2023 at 06:55 PM Report Share Posted July 28, 2023 at 06:55 PM On 7/28/2023 at 1:58 PM, Guest Chris said: Thank you. I was looking at this and other sections regarding amending and rescinding. However if something has been acted upon it appears neither could be done. SO in this case money has been paid by over 3/4 of the people how would this work? Assuming your bylaws permit assessments, if rescinded, no further payments would be required. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted July 28, 2023 at 06:58 PM Report Share Posted July 28, 2023 at 06:58 PM On 7/28/2023 at 1:58 PM, Guest Chris said: SO in this case money has been paid by over 3/4 of the people how would this work? It can work any way you decide - you just have to be clear that the motion(s) say exactly what you intend to happen. Assuming that this is a one-time assessment, you could, for example, rescind the motion that created the assessment; this would eliminate the debt owed by the 1/4 (you could specify that if desired) but have no effect on the payments received from the 3/4 (the motion to rescind has no retroactive effect), so you would likely want to combine the motion to rescind with a motion to refund the payments made by those people. Quote Link to comment Share on other sites More sharing options...
Guest chris Posted July 31, 2023 at 07:39 PM Report Share Posted July 31, 2023 at 07:39 PM Thank you everyone who replied. after reading a little more, yes this all makes perfect sense. Thank you again. Quote Link to comment Share on other sites More sharing options...
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