1 Unhappy member

[Guest Betty]

We have a small homeowners group. We voted (2/3 majority)to remove a small fence put on Association property by a past resident. One person claims he did not have time to recruit enough votes and wants to vote again. The issue has been a topic of discussion for several months. Everyone had time to express their views. We took a vote, we had a quorum, the fence is to be removed. How many times do we have to revisit the same issue ?

[Josh Martin]

How many times do we have to revisit the same issue ?

There is no limit. How this will be handled depends on when the motion is made. Before the fence is removed, the member may attempt to Rescind the motion to take down the fence. This requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.

But it should be noted that the assembly is under no obligation to put implementation of the motion "on hold" because of the member's complaint. If the fence is removed before he's able to rally the troops, that's his problem. After the fence is removed, the motion to Rescind is no longer in order, but the member is free to make an original main motion to put up a new fence. This requires a majority vote, but since this would actually cost money, this will likely make it more difficult for him to get supporters.

If the assembly wishes to dispose of any of these motions quickly, a 2/3 vote is sufficient to adopt the Previous Question, which brings the motion to an immediate vote. So unless there are a lot of pro-fence members lurking out there, I don't think you have that much to worry about.

[Rob Elsman]

We have a small homeowners group. We voted (2/3 majority)to remove a small fence put on Association property by a past resident. One person claims he did not have time to recruit enough votes and wants to vote again. The issue has been a topic of discussion for several months. Everyone had time to express their views. We took a vote, we had a quorum, the fence is to be removed. How many times do we have to revisit the same issue ?

If there really is only one unhappy member, the topic won't come again before the assembly for the lack of a second. See RONR (10th ed.), pp. 34-36; p. 295, l. 4.

[Tim Wynn]

One person claims he did not have time to recruit enough votes

This claim has no parliamentary importance.

[Guest betty]

There is no limit. How this will be handled depends on when the motion is made. Before the fence is removed, the member may attempt to Rescind the motion to take down the fence. This requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.

But it should be noted that the assembly is under no obligation to put implementation of the motion "on hold" because of the member's complaint. If the fence is removed before he's able to rally the troops, that's his problem. After the fence is removed, the motion to Rescind is no longer in order, but the member is free to make an original main motion to put up a new fence. This requires a majority vote, but since this would actually cost money, this will likely make it more difficult for him to get supporters.

If the assembly wishes to dispose of any of these motions quickly, a 2/3 vote is sufficient to adopt the Previous Question, which brings the motion to an immediate vote. So unless there are a lot of pro-fence members lurking out there, I don't think you have that much to worry about.