Roberts Rules of Order - Need Advice

Started by MargoT • 5 replies • 2537 views

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MargoT (Georgia)
Posts: 80

Posted:

Hello:

I am a new member on a new self-managed HOA Board of Directors in Georgia. Is there anyone that is current on parlimentary procedure/Robert's Rules of Order willing to help? I have enough knowledge to get through a Board meeting with motions and voting but I am not a Parlimentarian.

Our newly written Bylaws state:

Order of Business: At all meetings of the Association, the Board will follow the guidelines for Robert's Rules of Order, Copyright 1996 by the Constitution Society, unless otherwise specified in this document.

However, the other language was deleted by one Board member that provided Robert's Rules of Order be suspended at the beginning of a meeting by the member's vote.

1. Is Robert's Rules of Order, llth Revision the latest revision or do HOA's still use the Copyright 1996 by the Constitution Society. I never heard of the Constitution Society mentioned in any meeting before.

2. Is a HOA Association legally mandated to follow Robert's Rule of Order if the members vote at the beginning of the meeting to suspend at that meeting?

3. I have been serarching our Governing law: Georgia Nonprofit Corporation Code O.C.G.A. § 14-3-101, et sec and still haven't found the answer.

We are a small HOA with 26 members that want to keep their right to vote to suspend Robert's Rules of Order at the beginning of the meeting.

Your help will be greatly appreciated.
Margo

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Robert's Rules of order is a meeting method that is used for many different organizations and corporations. California is one of the states that uses it as any type of official form of meeting for their HOA's. Most states just rely on what is written in their documentation like the CC&R's. Which does usually contain what meetings need to cover, roles of the board/officers, and voting quorum requirements.

There isn't necessarily a right or wrong way to hold meetings. There are just different methods and types. Some just have names like Robert Rules. It doesn't mean they are mandated by law to follow. (Unless your state does). I just find that Robert Rules is the most efficient and holds the best method for HOA's to use and follow as a guideline. Your HOA may not be legally bound to use them may pick and choose what you like best and works best for your decision making. Just don't say your adhering to Robert Rules just using it as a guideline. Otherwise people who are disgruntle will literly throw that book at you.

I am one who believes in a HOA being open with it's membership. It takes work, patience, and understanding. If you can find a resemblance of order out of chaos, then use it. It may not be written down in a book somewhere or in a law quotation, it just works. I've held meetings in our swimming pool before in my bathing suit! It was a nice night and small attendance... So we choose to go and enjoy the pool... Found it nice to make things a bit informal once and awhile to get things done and listen to the people...

Former HOA President

CarolR11 (Colorado)
Posts: 2,563

Posted:

MargoT, You wrote: "Our newly written Bylaws state: Order of Business: At all meetings of the Association, the Board will follow the guidelines for Robert's Rules of Order, Copyright 1996 by the Constitution Society, unless otherwise specified in this document.
However, the other language was deleted by one Board member that provided Robert's Rules of Order be suspended at the beginning of a meeting by the member's vote."

Are you saying that one Board member deleted a provision in the new bylaws that stated that Roberts' Rules could be suspended at the beginning of meeting?? I have never heard of one director having the authority to delete anything from the bylaws.

Why do folks not want to follow Roberts'--it does help keep meetings on track and should assure that the meeting chair is fair and impartial? (You will find none of this in your CC&Rs or, most likely, not in your bylaws.) It also has a nice little section on Roberts' for small boards. You don't need to get overly involved with learning all of it. We mainly use it to settle a question that our bylaws don't address, and this is rare.

Yes, the 11th ed. is the most current and states that earlier editions are no longer valid (or some such language). Why in the world would your "new" bylaws specify the 1996 ed.? My guess is an old boilerplate was used.

I believe that CT HOA law requires Roberts', but I don't know about other states. CA does NOT require its use, but my HOA's bylaws require the use of Roberts' or another "established" procedure.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Margo,

I have had over 40 years experience in parliamentary procedure and Roberts Rules, and I have drafted bylaws.

First, your bylaws supersede any version of Roberts Rules. Technically, you are supposed to use, as parliamentary procedure, whatever is specified in your bylaws unless state law specifies something else.

From what you posted, it appears to me your bylaws were not drafted by anyone knowledgeable in parliamentary procedure, Roberts Rules, or the construction of bylaws. Roberts should not be referred to as the "order of business." The "order of business," properly, is the order in which items are to be taken up on the agenda. Roberts (or any other parliamentary procedure) is usually specified in a bylaws provision entitled, "parliamentary authority." Furthermore, any knowledgeable person, if they desired to specify Roberts Rules, would have specified the "latest edition" (in those words or something similar) of the official version of Roberts Rules, and there is only one "official" version. They would have not specified some version that few have ever heard of and may even be out of existence.

I doubt that your bylaws were ever extracted from, what is sometimes referred to as "boiler plate," since any knowledgeable person would never have drafted such nonsense.

Furthermore, if you are following Roberts Rules, Roberts provides for its own suspension. According to Roberts, the rules may be suspended by a vote of 2/3 of the membership. Of course, if your bylaws allow the rules to be suspended by a vote of a simple majority, then that is what prevails.

The latest edition of Roberts Rules is the 11th edition. The official version of Roberts is often abbreviated simply as "RONR" by parliamentarians.

MargoT (Georgia)
Posts: 80

Posted:

MelissaP1:

Thanks, you give excellent advice.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MelissaP1 on 06/04/2013 11:25 AM
Robert's Rules of order is a meeting method that is used for many different organizations and corporations. California is one of the states that uses it as any type of official form of meeting for their HOA's. Most states just rely on what is written in their documentation like the CC&R's. Which does usually contain what meetings need to cover, roles of the board/officers, and voting quorum requirements.

There isn't necessarily a right or wrong way to hold meetings. There are just different methods and types. Some just have names like Robert Rules. It doesn't mean they are mandated by law to follow. (Unless your state does). I just find that Robert Rules is the most efficient and holds the best method for HOA's to use and follow as a guideline. Your HOA may not be legally bound to use them may pick and choose what you like best and works best for your decision making. Just don't say your adhering to Robert Rules just using it as a guideline. Otherwise people who are disgruntle will literly throw that book at you.

I am one who believes in a HOA being open with it's membership. It takes work, patience, and understanding. If you can find a resemblance of order out of chaos, then use it. It may not be written down in a book somewhere or in a law quotation, it just works. I've held meetings in our swimming pool before in my bathing suit! It was a nice night and small attendance... So we choose to go and enjoy the pool... Found it nice to make things a bit informal once and awhile to get things done and listen to the people...

Well said.

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