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GlennE (Florida)
Posts: 30
Posted:
Hello again everyone. After all the discussion about management attend the HOA meetings I have another question.
To say the least this has raised much controversy here in the park to the point that the person who made the motion
came to me earlier today and wanted to resend his motion. Is there a procedure to do this or does he just stand up
and say that. I might mention that there was a second to the motion. One other thing, does anyone know where I can
get a copy of Robert's Rules of Order. Thanks in advance. GlennE
MaryA1 (Arizona)
Posts: 7,043
Posted:
Quote:
Posted By GlennE on 01/16/2009 11:42 AM
Hello again everyone. After all the discussion about management attend the HOA meetings I have another question.
To say the least this has raised much controversy here in the park to the point that the person who made the motion
came to me earlier today and wanted to resend his motion. Is there a procedure to do this or does he just stand up
and say that. I might mention that there was a second to the motion. One other thing, does anyone know where I can
get a copy of Robert's Rules of Order. Thanks in advance. GlennE

Glenn,

I assume (and I really don't like to do that! LOL) you mean to "rescind" a motion. RRO says a motion to rescind is a motion to void a motion previously passed and can be considered only when there is no other business pending. It requires recognition by the presiding officer; it must be seconded; is debatable; is amendable and requires either a majority or 2/3 vote.

Now, you mention there was second to the motion. Was their discussion and a vote. IMO, if there was no vote then it died and the action is null and void. However, if it was voted on and passed then, IMO, what I outlined above applies.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Unless Florida law states otherwise (or the association uses an odd set of rules), the maker a motion is generally entitled to withdraw a motion before it is called for a vote by the presiding officer. All s/he has to do is rise and say, "I withdraw the motion." There is no need to ask permission or consult with the person seconding the motion.

As far as a copy of Rules of Order is concerned, most any bookstore will have the latest edition. You may also check your local library. It is not expensive, and a valuable addition, I believe, to most anyone's library. I also believe you can find the fourth edition on line. I have a old fourth edition on my book shelf that I use rather infrequently, it seems.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Oh, and I forgot to include, that the presiding officer has the right (1) not to recognize the person seeking to withdraw the motion, and (2) rule that the withdrawal is out of order, particularly after lengthy debate. Sometimes this tactic by the presiding officer is used to prevent a motion from being considered later by forcing it to defeat by vote. Most of the time, the presiding officer will value having a motion withdrawn, rather than dealing with contentious debate.
GlennE (Florida)
Posts: 30
Posted:
Yes, I did mean rescind and I try to be so careful. Anyway it was decided that no vote would be taken until we
had time to examine a few things so the vote was put on hold.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Glenn,

When I asked if there was a vote taken on the motion and added: "IMO, if there was no vote then it died and the action is null and void.", I may have misspoke. Since you mention the board tabled the vote then it should be brought up again at the next meeting. In that case I would suggest you follow what George posted regarding withdrawing a motion.
KirkW1 (Texas)
Posts: 1,665
Posted:
The first thing to understand is that few people understand rules of order. And most of those who claim to know have perhaps read a cursory text on the subject and probably don't know.

That being said, the point of the rules of order are to promote a civil association and that every person's ideas receive fair treatment and consideration.

With that in mind, when a motion comes up that turns out to be contentious, then it seems in order to put the matter to rest as civilly as possible. And if more information is needed before a good decision can be made then it is important to set the issue to the side until that information can be evaluated. It is also reasonable to expect that sometimes people need a chance to come to terms with the direction to go on a motion.

In the intervening time perhaps someone can come up with a motion to amend the original proposition.

As some have pointed out, it is not good to get overly burdened with the order and mechanism to the point that you can't get things done. Also, if people can get past it, it is actually better for the community to have disagreements at times.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By KirkW1 on 01/16/2009 6:07 PM
Also, if people can get past it, it is actually better for the community to have disagreements at times.

Kirk, I know this was a sort of addendum, almost throw-away comment, but it is oh so true!

It's why I strongly encourage boards to have people on them who may or may not see eye-to-eye on things.

Not to the point of grinding all work to a halt, but group-think is an insidious and stagnating balm.

Diversity, in thought, in background, in culture, in education, in lifestyle, you name it, is a "good thing."

(yup, another "Martha" link. . . )
SusanW1 (Michigan)
Posts: 5,202
Posted:
Glenn - since the vote was postponed, then there is nothing to "recind" When the postponed motion is brought up again, simply have the person who made it withdraw the motion. It can be brought up again for a vote at any time, worded differently if needed.

GlennE (Florida)
Posts: 30
Posted:
OK all, thanks again for the good advice. I have enough to go into the next meeting knowing what I can and will do.
Thanks again. GlennE

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