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DanielL7 (Louisiana)
Posts: 17
Posted:
At a recent Special Board meeting a Board member motioned to "Authorize the President of the HOA to sign the lease
of the Community Center with the developer" and added that his motion stands as is. This motion denied the other
Board members to amend. Is this motion dilatory or improper, in anyones opinion?

Thanks
PeterB1 (Florida)
Posts: 257
Posted:
Quote:
Posted By DanielL7 on 09/15/2009 9:03 AM
At a recent Special Board meeting a Board member motioned to "Authorize the President of the HOA to sign the lease
of the Community Center with the developer" and added that his motion stands as is. This motion denied the other
Board members to amend. Is this motion dilatory or improper, in anyones opinion?

Thanks

The word 'dilatory' in parliamentary procedure, are those tactics used to delay or obstruct business. Doesn't sound like this motion fits in that category.

Once a motion has been stated by the chair, it is no longer the property
of the mover, but of the assembly. While it is pending (not yet voted
on) It may be amended by inserting or deleting words. I don't see that the motion was improper.

What you didn't explain is whether anyone tried to amend the motion or whether the question was brought to a vote.

You need to present the full story to get a valid opinion.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
I bow to Peter's great response. I also agreed what was posted is not the entire story.

Peter, does "Intent " have a hand in this game. If the motion is made in such
a manner to restrict of prevent the participation of debate, wouldn't that motion be out of order? Also could a point or order be called?

If this instance boils down at some point and some decision is made based on the interpretation of the original motion, how binding is it, given the circumstances of holding an HOA meeting. Wouldn't all these procedures have to be contained in the HOA documents? We use RRO as a guideline and I hope it never gets to the point that a decision by the Board hinges on some esoteric parliamentary specific.

I am also not sure that this kind of authority can be bestowed on the President without membership approval.

Apparently someone is objecting, whoever made the motion anticipated an objection to the motion, had chapter and verse ready top tr and insure the motion could not be discussed. Do I read all this wrong?
DanielL7 (Louisiana)
Posts: 17
Posted:
After the motion was made it was seconded. There was no call for discussion but another Board member pointed out some
issues that needed to be resolved directly to the mover (sitting next to each other). The mover then insisted the motion stand
as is. A vote was taken and passed 4 - 2. The mover presented the motion and was insistent there be no change to the motion as read.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Perhaps what he meant was that he didn't want any amendments to the motion to be added. He really does not have that authority to do that.

If someone thought that the motion was "out of order" because of lack of information or that the motion was dilatory (harmful) there could have been a request for the president to decide whether to even accept the motion for consideration. Sounds like your president thought the issue should be brought to a vote.

Considering that there were questions about the motion's content, then those who even had an inkling of doubt should have voted No.

PeterB1 (Florida)
Posts: 257
Posted:
Daniel,

It seems that the entire point is moot.

If 4 members of the Board (a majority) voted for the motion - it passed. If the Board members objected to the motion, I assume that they would not have voted for it.

Someone may not have liked the idea, but it did pass.

peter
SusanW1 (Michigan)
Posts: 5,202
Posted:
But, Dan, you can motion at the next meeting to amend that motion.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
DanielL7 on 9/15/2009 9:03:02 AM
Subject: Dilatory and Improper Motions
Message: At a recent Special Board meeting a Board member motioned to "Authorize the President of the HOA to sign the lease
of the Community Center with the developer" and added that his motion stands as is. This motion denied the other
Board members to amend. Is this motion dilatory or improper, in anyones opinion?

***********************************************
If this is a recent Special Meeting of the Board, why is the Developer in the picture at all? Does the developer still maintain a "developers" interest in the property. If the Board is making the decisions (voting to expend monies)
what happened at transition that the association is now involved in signing a lease with the developer that turned over the Community Center Control to the Association?

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