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MickiW (Arizona)
Posts: 1
Posted:
Roberts Rules of Order Newly Revised. These rules are, in effect, default rules; that is to say, they govern only if there are no contrary provisions in any federal, state, or other law applicable to the society, or in the society's bylaws, or in any special rules of order that the society has adopted.

If the HOA has in its beginning created and written down a set of rules to run the meetings ie., call to order, make a motion etc., and had these rules voted on and passed by the association members and available in print to all members at all times, then those are the rules followed. BUT if the HOA does not have that then Roberts Rules of Order are the default rules recognized in court actions.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MickiW on 01/05/2014 9:03 AM
BUT if the HOA does not have that then Roberts Rules of Order are the default rules recognized in court actions.

Micki,

Can you provide the basis for that statement?

Roberts Rules is one methodology. There are other methodologies and, as you pointed out, if there is no requirement to follow RRO, then the Board may use what method works best for them but still allows everyone on the Board to have an input.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Unless NM (like CT) requires HOAs to use Robert's Rules or one of your own documents requires it--probably your bylaws, I do not believe that your board must comply with Robert's Rules..

But, like Tim, I invite you to refer us to actual legal cases in your state that support your claim.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 01/05/2014 9:20 AM
Posted By MickiW on 01/05/2014 9:03 AM
BUT if the HOA does not have that then Roberts Rules of Order are the default rules recognized in court actions.


Micki,

Can you provide the basis for that statement?

Roberts Rules is one methodology. There are other methodologies and, as you pointed out, if there is no requirement to follow RRO, then the Board may use what method works best for them but still allows everyone on the Board to have an input.

I agree with this.

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