bylaws state laws

Started by BB5 • 4 replies • 1353 views

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BB5 (Missouri)
Posts: 145

Posted:

In a recent post the replies indicated if bylaws do not state you follow Roberts Rules of Order and nothing in the bylaws address an issue then state law would
be followed am I understanding this correctly?

MaryA1 (Arizona)
Posts: 7,043

Posted:

BB5,

Roberts Rules is only "required" to be followed if stated in the bylaws. Especially if you are a board member, you should be familiar with the state laws which govern HOAs, including the State Nonprofit Corp. Act. The state laws prevail over your governing documents unless the state law says, "unless otherwise stated in the community documents". Whether or not a particular issue is addressed in your governing documents, you should always be aware if it is addressed in state law.

DonnaS (Tennessee)
Posts: 5,671

Posted:

BB,

Roberts Rules is sort of like an operating procedure, not the law. It is meeting decorum , not how you run your association. State laws always are the heirarchy of any meetings , followed by your own governing documents.

SusanW1 (Michigan)
Posts: 5,202

Posted:

RONR is for guidance on meeting procedures, not for the rules and regulations themselves.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

BB5, Wise advise above, below, not so much.
In addition, the board starts using RRo on the membership, the next thing you know, some owner will jump up and tell you more about RRO than the board wants to hear. I would like to see at each annual meeting a member step forward or be appointed that has some knowledge of Parlimentary Procedures and he/she be designated as the arbitor of any procedural questions. That would be nice, of course I have never seen it done at HOA meetings.

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