ChrisB4 (West Virginia)
Posts: 175
Posts: 175
Posted:
I should point out that our By-Laws don't speak specifically to how and when motions should be made beyond the order of meetings, but they do say that when the By-Laws don't speak to an item that RRO 10th addition will take precedence.
When we refer to Robert's Rules of order 10th addition, you will note that there is a procedure that should be followed (you can review that procedure here: http://www.robertsrules.org/rror-01.htm#4 ). This procedure cannot be carried out via e-mail or via personal phone call. Something I have already pointed out to my fellow Board members but something they continue to do. One Board member will call (or email) two others and agree among themselves and then carry out an action, informing the minority what they are doing and claiming they have a majority vote.
Though I cannot find anything specific in RRO, I think as a small organization we need to expand on RRO to suit our particular needs.
In general the best procedure for making binding motions is at a duly called meeting. Having said that there are some common sense exceptions I would like to explain.
If a member asks to take action if he can get unanimous consent from ALL members of the Board via email (calls are insufficient as they leave nothing in writing) then the action can be taken**. These types of motions should be limited to routine business such as maintenance items, paying bills, reimbursements for small items (though there is no specific number my suggestion would be $50 or less, the $50 number is something I will have to present as a motion) or items whose failure to act will have serious financial implications on the HOA, these actions can be called "emergency" actions and should take place when meetings aren't possible or when action is time sensitive. There are other "simple" actions that the Board will have to use some judgment on. Members will have the opportunity to reply to other members via email and make a case for waiting on a motion.
Another exception is in an instance where a motion is brought before the Board at a duly called meeting. The motion is debated as normal, but is tabled do to lack of information. If the information is simple, say the cost of fixing a pump or the date that something should take place, and the original motion should put forth an approximate cost, or date and the information obtained after the meeting is found to fall within reason of the original number (I prefer something like $100 or LESS), then the Board could take a vote via email, but again must have all members reply before any action can be taken. Of course each member may be given a certain number of days (the number of days should be stated at the time the original tabled motion is put forth at a duly called meeting) to respond or his lack of voting could be counted simply toward a quorum. A “no” vote against a motion in this case does not necessarily mean that the motion must come back before the Board at a public meeting. If the no votes are the minority and the minority does not protest (as that the motion come back before the Board at a Duly called meeting), that is to say they have nothing new to add to a debate on the topic, then the majority can carry out action based on its majority vote.
If UNANIMOUS CONSENT cannot be obtained the item MUST be put before a formal Board meeting. This means that simple majorities do not decide in the case of motions put forth outside of a duly called meeting. In other words, on a 5 member Board a member can not call 2 other members and motion that something be done and based on those two members agreement, carry out an act.
**Members should avoid making controversial motions or motions that have a certain level of finality to them (things that cannot be undone, cutting down a tree for instance) outside the scope of formal meetings whenever possible.
At the next duly called meeting the Board should be obligated to bring items that were passed outside of the scope of duly called meetings, to be read in detail and explained that the motions were passed in between meetings. The floor should be opened to debate, and each Board member should have the opportunity to reconsider and offer a motion to rescind the previous motion or make a new motion on the subject (assuming it does not contradict the previous motion). In most cases the community would also be able to make comments on these motions.
The point an purpose of this procedure is to balance the need to get things done against the need to maintain accountability and protect the voice of the Board minority and the homeowners.
This policy, though not perfect, seems like the best compromise between accountability and the ability to get things done. Some of you may think that the level of red tape is too high, but what I often tell my homeowners when they get upset that the Board acts to slowly is that accountability often comes at the cost of efficiency. The trick is to keep them in balance.
Thoughts?
When we refer to Robert's Rules of order 10th addition, you will note that there is a procedure that should be followed (you can review that procedure here: http://www.robertsrules.org/rror-01.htm#4 ). This procedure cannot be carried out via e-mail or via personal phone call. Something I have already pointed out to my fellow Board members but something they continue to do. One Board member will call (or email) two others and agree among themselves and then carry out an action, informing the minority what they are doing and claiming they have a majority vote.
Though I cannot find anything specific in RRO, I think as a small organization we need to expand on RRO to suit our particular needs.
In general the best procedure for making binding motions is at a duly called meeting. Having said that there are some common sense exceptions I would like to explain.
If a member asks to take action if he can get unanimous consent from ALL members of the Board via email (calls are insufficient as they leave nothing in writing) then the action can be taken**. These types of motions should be limited to routine business such as maintenance items, paying bills, reimbursements for small items (though there is no specific number my suggestion would be $50 or less, the $50 number is something I will have to present as a motion) or items whose failure to act will have serious financial implications on the HOA, these actions can be called "emergency" actions and should take place when meetings aren't possible or when action is time sensitive. There are other "simple" actions that the Board will have to use some judgment on. Members will have the opportunity to reply to other members via email and make a case for waiting on a motion.
Another exception is in an instance where a motion is brought before the Board at a duly called meeting. The motion is debated as normal, but is tabled do to lack of information. If the information is simple, say the cost of fixing a pump or the date that something should take place, and the original motion should put forth an approximate cost, or date and the information obtained after the meeting is found to fall within reason of the original number (I prefer something like $100 or LESS), then the Board could take a vote via email, but again must have all members reply before any action can be taken. Of course each member may be given a certain number of days (the number of days should be stated at the time the original tabled motion is put forth at a duly called meeting) to respond or his lack of voting could be counted simply toward a quorum. A “no” vote against a motion in this case does not necessarily mean that the motion must come back before the Board at a public meeting. If the no votes are the minority and the minority does not protest (as that the motion come back before the Board at a Duly called meeting), that is to say they have nothing new to add to a debate on the topic, then the majority can carry out action based on its majority vote.
If UNANIMOUS CONSENT cannot be obtained the item MUST be put before a formal Board meeting. This means that simple majorities do not decide in the case of motions put forth outside of a duly called meeting. In other words, on a 5 member Board a member can not call 2 other members and motion that something be done and based on those two members agreement, carry out an act.
**Members should avoid making controversial motions or motions that have a certain level of finality to them (things that cannot be undone, cutting down a tree for instance) outside the scope of formal meetings whenever possible.
At the next duly called meeting the Board should be obligated to bring items that were passed outside of the scope of duly called meetings, to be read in detail and explained that the motions were passed in between meetings. The floor should be opened to debate, and each Board member should have the opportunity to reconsider and offer a motion to rescind the previous motion or make a new motion on the subject (assuming it does not contradict the previous motion). In most cases the community would also be able to make comments on these motions.
The point an purpose of this procedure is to balance the need to get things done against the need to maintain accountability and protect the voice of the Board minority and the homeowners.
This policy, though not perfect, seems like the best compromise between accountability and the ability to get things done. Some of you may think that the level of red tape is too high, but what I often tell my homeowners when they get upset that the Board acts to slowly is that accountability often comes at the cost of efficiency. The trick is to keep them in balance.
Thoughts?