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Possible continuing breach


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A board of 9 held a meeting with only 4 members present; they did vote on several motions. One of the non-attending board members wishes to know if this is a continuing breach and can she raise the point of order at their next meeting to overturn everything done at the prior meeting as quorum was not present.

Because of the difficulty likely to be encountered in determining exactly how long the meeting has been without a quorum in such cases, a point of order relating to the absence of a quorum is generally not permitted to affect prior action; but upon clear and convincing proof, such a point of order can be given effect retrospectively by a ruling of the presiding officer, subject to appeal.

RONR p. 338

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