motions questions

[walter thompson]

A member stated that motions that are seconded must be voted on. According to my understanding of the rules this is incorrect. Who is correct?

A member stated that a motion can only be voted on if it is put on the agenda prior to the meeting. It is my opion this is not correct as a motion to recind needs s majority vote if it put on the agenda prior to the meeting but needs a two thirds vote if is presented at the meeting. Who is correct?

If the chair rules a motion is out of order because it violates a state law and the board member appeals the ruling and wins what is the chairs recourse?

[Tim Wynn]

A member stated that motions that are seconded must be voted on. According to my understanding of the rules this is incorrect. Who is correct?

You are. A motion that is seconded (provided it is in order at the time), must be stated by the chair. However, it can be disposed of wthout a direct vote, through several processes.

A member stated that a motion can only be voted on if it is put on the agenda prior to the meeting. It is my opion this is not correct as a motion to recind needs s majority vote if it put on the agenda prior to the meeting but needs a two thirds vote if is presented at the meeting. Who is correct?

You're right, again, though your reasoning isn't, since an agenda has nothing to do with the vote requirement for a motion to rescind. It is "previous notice" that reduces the vote requirement.

If the chair rules a motion is out of order because it violates a state law and the board member appeals the ruling and wins what is the chairs recourse?

He has none.

[jstackpo]

However... the chair (or the Board, or someone) may wish to exercise their "fiduciary responsibility" -- ask your lawyer for more details and indeed whether it is appropriate to to do -- and not carry out the actions called for in the motion which would be contrary to the law, if the property of the association might be imperiled.

However, there seems to be a question in the appealer's mind and that of the majority of the members as to whether the motion indeed "violates a state law". So tread carefully. The motion and its adoption are both proper - parliamentarians (and chairs, generally) are not lawyers and are not, therefore, qualified to give legal advice. Or, I suppose, pronounce on the legality of specific proposals.