Guest boulderdash Posted August 5, 2010 at 03:18 PM Report Share Posted August 5, 2010 at 03:18 PM When a rule reads that members must be given written notice (let's say for a vote ), mailed or delivered, how does the board defend itself against someone claiming they never recieved notice? Can't a member say ' I never recieved that, therefor my rights were infringed and the vote is invalid' ? Link to comment Share on other sites More sharing options...
hmtcastle Posted August 5, 2010 at 03:23 PM Report Share Posted August 5, 2010 at 03:23 PM When a rule reads that members must be given written notice (let's say for a vote ), mailed or delivered, how does the board defend itself against someone claiming they never recieved notice? Can't a member say ' I never recieved that, therefor my rights were infringed and the vote is invalid' ?The RONR requirement (if not yours) is that the notice be sent, not received. You could always mail it "return receipt" but that's not an RONR requirement. Link to comment Share on other sites More sharing options...
David A Foulkes Posted August 5, 2010 at 05:21 PM Report Share Posted August 5, 2010 at 05:21 PM When a rule reads that members must be given written notice (let's say for a vote ), mailed or delivered, how does the board defend itself against someone claiming they never recieved notice? Can't a member say ' I never recieved that, therefor my rights were infringed and the vote is invalid' ?Yes. Although "proving it" would be difficult. A member can say anything they want (although not necessarily during a meeting) - that whole First Amendment thingie, you know?Perhaps by having all those (every other member but the one) who did receive it hold theirs up, and say "See????" Of course, that doesn't necessarily prove the member wasn't inadvertently, or even purposely, left of the list, but it is a persuasive argument.Notice must be sent, but before the echo of the street-corner mailbox chute door fades out, the responsibility of members receiving it is figuratively, and literally, out of the Secretary's hands (or whoever mailed it). But, the timing is of importance. RONR says "reasonable", so if you're mailing to members in your town, allowing the USPS several days to handle delivery might be reasonable. If members live out of state, maybe a few more. Better to err on the side of caution and send it sooner rather than later. It might be an assumed aspect to consider allowing time for members to make arrangements to attend by adjusting their schedule ( get a babysitter lined up, cancel that trip to Cabo, and so on) and to mull over the proposed topic(s) and formulate an opinion, the better to debate with. But none of that is in RONR either, just sayin'..... Link to comment Share on other sites More sharing options...
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