Motion to Rescind?

[Guest NewKidR0NR]

Per constitutional bylaws of our HOA, the chairman does not appoint the nominations committee or be a member, (Per 46:10 of RONR) and our nominations committee is formed in our April meeting. However, at our March meeting, the chairman appointed a chair of the nomination's committee and created a process for joining the nomination's committee.  Would the appropriate course of action be to make a motion to rescind at our next meeting? A Point of Order was not raised at the last meeting as many in attendance did not know that we weren't following our bylaws, and someone recently brought to my attention. 

[Richard Brown]

If I understand correctly what happened, I would raise a Point of Order at the next meeting that the action taken at the last meeting regarding the nominating committee is null and void  because the chairman is not to serve on the nominating committee, nor is he to have anything to do with its selection and further that the committee is to be elected by the membership at the April meeting.  If the chair rules that the Point of Order is not well taken, it only requires a majority vote to overturn the ruling of the chair.

Note: I am assuming that you elect the members of the nominating committee. Your post does not make that clear. If that isn’t correct, please tell us what the correct procedure is

[Greg Goodwiller, PRP]

Building on what my colleague has stated, here is the relevant paragraph in RONR:

23:6      The only exceptions to the requirement that a point of order must be made promptly at the time of the breach arise in connection with breaches that are of a continuing nature, whereby the action taken in violation of the rules is null and void. In such cases, a point of order can be made at any time during the continuance of the breach—that is, at any time that the action has continuing force and effect—regardless of how much time has elapsed. Instances of this kind occur when:

       a) a main motion has been adopted that conflicts with the bylaws (or constitution) of the organization or assembly. . . .

So provided you can demonstrate that the appointment of the Nominations Committee Chairman violated your bylaws, the action is a "continuing breach" for which a point of order may be raised at any time during the continuation of the breach, and that is what you should argue when raising your point of order.

 

[Rob Elsman]

I am unclear about what body the chairman is the presiding officer.  The chairman of the association's executive board?

[Guest NewKidR0NR]

Thank you both Richard and Greg

[Josh Martin]

On 3/16/2024 at 7:39 PM, Guest NewKidR0NR said:

Would the appropriate course of action be to make a motion to rescind at our next meeting?

No, because no motion was adopted, so there is no motion to Rescind.

I concur with my colleagues that a Point of Order and Appeal is the appropriate course of action.

On 3/16/2024 at 7:39 PM, Guest NewKidR0NR said:

A Point of Order was not raised at the last meeting as many in attendance did not know that we weren't following our bylaws, and someone recently brought to my attention. 

But in this instance, a Point of Order can still be raised. If the bylaws provide that "our nominations committee is formed in our April meeting," and the chair fails to announce that as an item of business at the April meeting (and/or fails to follow the process in the bylaws), there is a breach at the April meeting, and a Point of Order can be raised at that time.