Guest H.Wm.Mountcastle Posted May 13, 2010 at 09:50 PM Report Share Posted May 13, 2010 at 09:50 PM >>Can such a motion be rescinded after Owner 2 was appointed<< No, you can't rescind a motion whose authorized action has been completed. That's not to say there might not be other ways to remove him from office." Link to comment Share on other sites More sharing options...
Guest Chris H Posted May 13, 2010 at 10:21 PM Report Share Posted May 13, 2010 at 10:21 PM Provided the term of office for Board members included "or until their successor is elected" why couldn't the election be rescinded?" Link to comment Share on other sites More sharing options...
Guest JDStackpole Posted May 13, 2010 at 10:37 PM Report Share Posted May 13, 2010 at 10:37 PM Maybe this is getting tricky, but ... Since the Board, presumably with some sort of election process, selected the person to fill the vacancy, it would have to be the Board that rescinded that election, not the general homeowner/membership. <" Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted May 13, 2010 at 10:46 PM Report Share Posted May 13, 2010 at 10:46 PM >>presumably with some sort of election process<< I make no such presumption but I think this gets into the whole question of whether an appointment is an election. I suppose you could say that the board elected to appoint Jim Jones t" Link to comment Share on other sites More sharing options...
Guest JDStackpole Posted May 13, 2010 at 11:01 PM Report Share Posted May 13, 2010 at 11:01 PM Sounds like an uncontested viva voce election to me! " Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted May 13, 2010 at 11:32 PM Report Share Posted May 13, 2010 at 11:32 PM So it goes back to the power to appoint (or elect) being the power to remove? Subject to that pesky "or until/and until" fly in the parliamentary ointment? I guess I can learn to live with that. But it's not gonna be easy." Link to comment Share on other sites More sharing options...
Guest JDStackpole Posted May 14, 2010 at 12:21 AM Report Share Posted May 14, 2010 at 12:21 AM And you don't really have to distinguish between a presidential (say) appointment and a multiperson board election. The presidential appointment is still an election - but with just one voter. " Link to comment Share on other sites More sharing options...
Guest Ron C Posted May 14, 2010 at 01:21 AM Report Share Posted May 14, 2010 at 01:21 AM The individual who was appointed was not elected. In this case the original Treasurer elected by the unit owners resigned her position when she move out of the community. Our By-laws allow for the remaining board members to appoint someone to fulfill the " Link to comment Share on other sites More sharing options...
Guest Trina Posted May 14, 2010 at 10:32 AM Report Share Posted May 14, 2010 at 10:32 AM > The motion was to appoint a replacement. This replacement was not elected, if they were there is another process for removal of an elected board member. < The point that Chris H. and Mr. Stackpole were making is that you may have a proces" Link to comment Share on other sites More sharing options...
Guest JDStackpole Posted May 14, 2010 at 11:10 AM Report Share Posted May 14, 2010 at 11:10 AM You wrote: "Our By-laws allow for the remaining board members to appoint someone ..." The key here is "board members" - note plural. Those members must have come to some sort of mutual agreement as to who to " Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted May 14, 2010 at 11:38 AM Report Share Posted May 14, 2010 at 11:38 AM >>The "appointment" is placing someone in the job - that is what "appoint" means. But the decision of _who_ to place in the job amounts to an election.<< So one could say, for instance, that the president elected t" Link to comment Share on other sites More sharing options...
Guest Chris H Posted May 14, 2010 at 11:43 AM Report Share Posted May 14, 2010 at 11:43 AM Off hand I would say yes. However, as much said here the ultimate answer hinges on what the bylaws say. " Link to comment Share on other sites More sharing options...
Guest JDStackpole Posted May 14, 2010 at 11:53 AM Report Share Posted May 14, 2010 at 11:53 AM The distinction, I think, comes up with respect to the right of removal of someone who is elected vs. "appointed" - by the latter I mean by a single person, e.g., the president. If someone is elected to a position "easy" remov" Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted May 14, 2010 at 12:15 PM Report Share Posted May 14, 2010 at 12:15 PM >>elected vs. "appointed" - by the latter I mean by a single person, e.g., the president.<< Are you the same Mr. Stackpole who said, "The presidential appointment is still an election - but with just one voter"? Link to comment Share on other sites More sharing options...
Guest JDStackpole Posted May 14, 2010 at 01:16 PM Report Share Posted May 14, 2010 at 01:16 PM Am I who I say I am? Most likely, but on the Internet.... When I say the "president appoints" or the "board appoints" I'm using the (unfortunately) all too common shorthand in which the selection of an individual (e.g., by an" Link to comment Share on other sites More sharing options...
Guest Trina Posted May 14, 2010 at 02:31 PM Report Share Posted May 14, 2010 at 02:31 PM Suppose the organization clearly adds an additional step (where RONR simply assumes that the winner of an election takes office immediately). If the elected person does not take office until after an official installation process takes place, might it be " Link to comment Share on other sites More sharing options...
Guest JDStackpole Posted May 14, 2010 at 04:01 PM Report Share Posted May 14, 2010 at 04:01 PM I dunno... as soon as you depart from RONR standard - by positing a mandatory installation or "late" taking of office - I would hesitate to apply much of the more or less related RONR rules. The "or until..." vs. "and un" Link to comment Share on other sites More sharing options...
Guest Kim Goldsworthy Posted May 14, 2010 at 04:40 PM Report Share Posted May 14, 2010 at 04:40 PM >>When I say the "president appoints" or the "board appoints" I'm using the all too common shorthand [for] one word: "appoint".<< kg: This material has all been covered. Long ago. See 1923's Parliamen" Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted May 14, 2010 at 04:51 PM Report Share Posted May 14, 2010 at 04:51 PM >>one who is elected may be said to be appointed to an office. But one who is appointed to an office by the president cannot be said to have been elected to the office.<< Can one who is appointed to an office by a board ever be said N" Link to comment Share on other sites More sharing options...
Guest JDStackpole Posted May 14, 2010 at 05:45 PM Report Share Posted May 14, 2010 at 05:45 PM HMR is not exactly logically consistent in that quoted answer of Question 317. "Appoint includes elect" "One who is appointed cannot be said to have been elected" - why not if "appoint includes elect"?" Link to comment Share on other sites More sharing options...
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