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Rescinding executed action


Guest Evelyn

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Can a board rescind an action that has been fully executed?

Are you asking a question about BOARD POWER (whether the board is empowered to rescind stuff)?

Are you asking a question about RESCISSION (when you can rescind, vs. when you can adopt a new contrary motion)?

I assume the latter.

It depends on the wording of the original motion. - Do you want to un-do it, or do you want to just never do it again?

Example #1: "I move that we purchase a new piano."

Example #2: "I move that we sponsor a Fourth of July picnic."

Now, what do you want to do, after the event is completed? - Do something, or do nothing?

Example #1: "I move that we return the piano for full credit"; you un-do a purchase by returning the merchandise to the seller.

Example #2: Do nothing, in the case of a one-time-only event, like a picnic. - There is nothing to un-do.

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I can understand Example #2 but what if the action had been repetitive annually for a number of years and it was decided not to do that in the future. Would there still be nothing to undo?

If the event occurs repeatedly by a motion adopted every time, defeat the motion. If there's an ongoing rule about the event, change or rescind the rules.

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Can a board rescind an action that has been fully executed?

No.

Oh well, I can't actually stop at the two-letter answer, much as I am tempted :) .

RONR p. 297 describes several types of 'ACTIONS THAT CANNOT BE RESCINDED OR AMENDED', including:

Rescind is 'not in order... when something has been done, as a result of the vote on the main motion, that is impossible to undo.'

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I can understand Example #2 but what if the action had been repetitive annually for a number of years and it was decided not to do that in the future. Would there still be nothing to undo?

How has this repetitive action been brought about annually? Is a motion made at some point in a meeting prior to "doing" that action again? If so, either don't make that motion, or (as Gary noted) vote it down.

It sounds more like you aren't trying to "un-do" anything, but more like "not-do" it again. If you've held a "company picnic" every year, you can't very well undo anything about that. But you can not have the picnic this year. If you've painted the barn red every year, you can't very well un-paint the barn (short of scraping the paint off of it), but you can paint it a different color this year or not paint it at all.

So I guess it might help everyone to find out what sort of action you're talking about.

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