ILLEGAL BOARD MEETING

Started by AnnE • 12 replies • 2493 views

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AnnE (Arizona)
Posts: 1

Posted:

We had our monthly HOA Board meeting in Tucson last week and the previous Board president was sitting in the front row and conducting the meeting! The new Board president doesn't quite know how to handle things and it was obvious to everyone that this meeting was illegal.

Question: Can someone from the floor run the meeting and still be legal?

The past president was removed months ago on a Recall List and 2 other board members resigned after that. Our board right now includes the president, who was already on the board, 1 interim board member (the other just resigned) and 3 other appointed members who were just voted in. These people will be on the board until elections in October and then a new board will be in place.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your problem is that your current president does not know how to run a meeting.

Educate that person first, and the problem will go away.

(He can stop acknowledging comments from the audience, no matter from whom, for starts)

The answer is, yes, anyone can "lead" the meeting, but it has to be motioned and passed that the presiding of the meeting is to be given to someone else. If it is in the bylaws that your president must lead the meeting, he can move to suspend the rules and allow someone else to lead.

I have heard of boards bringing in someone from the outside just to move the meetings along. Sometimes its a parliamentarian, sometimes a lawyer, sometimes the VP. The important thing is to have someone who knows meeting procedures and can lead well.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By AnnE on 08/15/2011 6:29 AM
Question: Can someone from the floor run the meeting and still be legal?

No.

Why did the board let him get away with it?

The former president should have been ruled out of order and ordered to stop. If he persisted, he should have been asked to leave. If he refused, the meeting should have been adjourned.

I fairly certain your bylaws state that the president (meaning the current president) presides at all meetings; not someone from the floor.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By SusanW1 on 08/15/2011 6:49 AM
If it is in the bylaws that your president must lead the meeting, he can move to suspend the rules and allow someone else to lead.

Bylaws are not rules. They are the "constitution" of a society and cannot be suspended, even by a unanimous vote, unless the bylaws provide for their suspension. Imagine if Congress could suspend the Constitution.

Chances are the articles of incorporation and/or state law also requires that the president "preside" at the meeting. You can't suspend those either.

BrianB (California)
Posts: 2,820

Posted:

Posted By BruceF1 on 08/15/2011 6:55 AM

Imagine if Congress could suspend the Constitution.

Have you read the full text of the Patriot Act? Did you not see that the Healthcare mandate has just been ruled unconstitutional? They do it frequently.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Brian,

I understand your point, but Congress does not vote to "suspend" the Constitution, although they have passed laws that have been ruled unconstitutional. That's what the courts are for.

If one can suspend any provision of the bylaws when it suits our convenience, then why not suspend the quorum requirements the next time enough people don't show up for a meeting?

SusanW1 (Michigan)
Posts: 5,202

Posted:

There ARE suspendable opportunities for rules stated in the bylaws. Those that deal with meeting procedures, for instance. 2/3 passing vote is needed.

A consensus can also be proposed.

The important thing is to have a leader who has control of the meeting, knows the governing documents of the group and knows parliamentary procedure.

I would have no hesitation to introduce the motion that the president reliquish the position of presiding officer and that Ms. X lead the meeting.

(Actually, my historical society board is just about to do this, as the president - a nice guy with a very creative mind - simply can't lead a meeting)

DavidW5 (North Carolina)
Posts: 565

Posted:

Our board meetings open with a repeating of the groundrules: "All comments from the audience are to be held until the open forum item at the end of the agenda".

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By SusanW1 on 08/15/2011 8:39 AM
There ARE suspendable opportunities for rules stated in the bylaws.

Where does it say that? In your bylaws? Roberts Rules (page number)? Or, is this just your opinion?

As I said previously, if one can suspend any portion of the bylaws to suit our convenience, why not suspend the quorum requirements when enough people don't show up for a meeting? That's just a procedural matter, too.

I am not stating that the president HAS to lead a meeting. Our bylaws, for example, state that the president "shall preside at all meetings of the association." But, another provision in those bylaws provide for the vice president or any other person elected by the board to preside at meetings when the president is absent or "unable to preside" (which is undefined and can therefore be liberally interpreted). In this case, the bylaws are not being suspended, they are being adhered to and interpreted.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By SusanW1 on 08/15/2011 8:39 AM
I would have no hesitation to introduce the motion that the president reliquish the position of presiding officer and that Ms. X lead the meeting.

And if I were presiding at that meeting, I would have no hesitation in ruling your motion out of order.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By AnnE on 08/15/2011 6:29 AM
\The new Board president doesn't quite know how to handle things and it was obvious to everyone that this meeting was illegal.

Question: Can someone from the floor run the meeting and still be legal?

What is it that made the meeting illegal vs. poorly ran?

Lack of Notice or Lack of a Quorum could make the meeting illegal. However, poor leadership allowing the membership to control the agenda is not illegal it's just poor leadership.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Has anyone besides me noticed that we get lots of "illegal" signs, "illegal" meetings, "illegal" bylaws and the list goes on forever. Most times, it is not illegal but as Tim said, either poorly run, poorly interpreted or poorly managed, and this list goes on forever. When I see the "I" word, I usually let my curiosity read these only to find out that unknowledgable is the case, not illegal.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By DonnaS on 08/16/2011 12:34 PM

Has anyone besides me noticed that we get lots of "illegal" signs, "illegal" meetings, "illegal" bylaws and the list goes on forever. Most times, it is not illegal but as Tim said, either poorly run, poorly interpreted or poorly managed, and this list goes on forever. When I see the "I" word, I usually let my curiosity read these only to find out that unknowledgable is the case, not illegal.

Hmmmm, true. I guess some people think that if things aren't the way they think they sould be, they must be illegal. Perhaps "improper," "inappropriate" or "incorrect" might be "I" words that are closer to the truth.

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