Motion and bylaw violation

At an Association meeting a motion from the floor was made, seconded and passed by majority vote to add another association meeting without being on the agenda and without any 14 day notice that our bylaws requires. This motion would change the bylaws by adding this extra meeting without notifying the other members not at the meeting any voting right, discussion, or 14 days notice of this motion being made. As president I want to make proper compliance . At another association meeting a motion to rescind by violation probably would be voted down with the group. Any other way to rescind this motion ?

You'll probably have to wait until the next meeting to address this. You say a motion to rescind the motion would 'probably" be voted down, but don't know for certain, so at the next meeting, express your concerns (cite the section of the bylaws that address this) and see what happens.

That said, what are your concerns about adding another meeting and what type is it? The members still have to be notified that the meeting is being held regardless of the type, and they have the option to attend or not. There may be slightly different requirements for an annual meeting vs. a special homeowner's meeting vs. a regular board meeting - recheck your documents so you'll know exactly what type of meeting you're talking about.

For context, was this a Meeting of All Members or a Meeting of the Board?

Either way, so-and-so can take a vote and ostensibly pass whatever motion it wants. But this does not mean the Board has to take action that is unlawful. When it comes time to implement the motion, the HOA should refuse to do so, stating proper notice was absent, and so the motion is a violation of the Bylaws and, if implemented, would make the HOA vulnerable to a court challenge. As needed ask the HOA attorney to write something up on the point. Then present this to the membership. At the next meeting, explain all of this. If people want to go to court, let them.

The typical HOA member has next-to-no understanding of the legal implications of not complying with the governing documents. I think one of the main functions of a HOA Board is to educate. One of the main chores of a HOA President is to preside at meetings. A savvy HOA president would have forbid this motion and discussion, stating that proper notice was not given, and so even if the membership insisted on a kangaroo court type of vote, the "passed" motion would not be legally enforceable. Then explain the proper way to get this on a meeting agenda et cetera. If the next Meeting of Members is not for many months, have a director put the idea of another association meeting on an agenda for discussion.

Any motion that would change the bylaws would have to go thru the steps outlined in your current bylaws for how to amend them and who has that power.

Interesting concept however. WHY is another Annual Meeting of the Members even needed? Sounds like they aren’t getting info from the B oard, so they want another meeting.

Too bad the motion ever was allowed to be made. That says the board and especially the president dont know their own bylaws and don’t know that the motion was invalid.

Expunge the motion from the minutes.

Isn't a motion to do something that violates the Bylaws out-of-order?