Monday, May 3, 2010

Can a recently adopted rule be rescinded?


Ok, today was an interesting one. I was asked by a board member if a recently passed rule made by the board can be rescinded. Here is my abridged answer:


Most condo/Hoa documents have rules of conduct that boards must follow. These rules are usually known as Robert’s Rules of Order. These rules are very specific and lengthy so investigating it here would just put you to sleep. However, I would suggest taking a look into the rules yourself.

The abridged version: Section 35 (Robert's Rules of Order)states the following: Rescind; Amend something previously adopted (By means of the motion to Rescind and to Amend Something Previously Adopted- The assembly can change an action previously taken or ordered. Rescind-also known as Repeal or Annul is the motion by which a previous action or order can be canceled.

In Summary, the effect of Rescind is to strike out an entire main motion, resolution, rule, bylaw, section or paragraph that has been adopted at some previous time.

Please note not every board's follow these rules exactly. All boards that I have been involved with do a decent job in trying to be fair to all members / residents of their community. Nothing is perfect but I'm sure your board comes very close.

Frank

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