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how to disquaify a motion if its a direct violation of the bylaws


Guest glenn frye

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a motion was made and seconded and voted on that was a direct violation of the bylaws, it was brought up at the next meeting to overturn the motion and vote, but it was said once it is done there is nothing you can do about it. how do you go about changing the motion voted on, if the person who did it wont recind the motion

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a motion was made and seconded and voted on that was a direct violation of the bylaws, it was brought up at the next meeting to overturn the motion and vote, but it was said once it is done there is nothing you can do about it. how do you go about changing the motion voted on, if the person who did it wont recind the motion

"A main motion has been adopted that conflicts with the bylaws (or constitution) of the organization or assembly...is null and void." [page 244]

At the next meeting, raise a point of order that the motion conflicts with the bylaws and the chairman will declare that the previously passed motion is null and void. If the chairman fails to make that ruling, you can appeal to the assembly. Because your chairman might be a little unlearned on this issue (since he/she allowed the motion in the first place) it might help to bring him up to speed before the meeting.

-Bob

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a motion was made and seconded and voted on that was a direct violation of the bylaws, it was brought up at the next meeting to overturn the motion and vote, but it was said once it is done there is nothing you can do about it. how do you go about changing the motion voted on, if the person who did it wont recind the motion

Once passed, and the meeting/session completed, the person making a motion is completely irrelevant to future action on that motion. That person can not rescind the motion (or anything). Whoever told you there was nothing that could be done about it was 100% wrong.

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... it was said once it is done there is nothing you can do about it.

False.

You can rescind it.

You can amend it.

How do you go about changing the motion voted on, if the person who did it wont rescind the motion?

What the single "person" wants to do is immaterial.

If the organization adopted X, then the organization can RESCIND X or AMEND X.

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a motion was made and seconded and voted on that was a direct violation of the bylaws, it was brought up at the next meeting to overturn the motion and vote, but it was said once it is done there is nothing you can do about it. how do you go about changing the motion voted on, if the person who did it wont recind the motion

It will depend on what the motion is, but it might be able to be overturned as Mr. Fish suggests.

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Of course, if the outcome of the motion has been completed prior to the next meeting, then there may be nothing that can be done to fix the issue. For example, if a motion is passed to purchase a new building which is purchased prior to the next meeting, then the building has been purchased and a new motion to sell the building would be required.

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