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Subject: Suspension of Bylaws??
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Author Messages
SwanB
(Washington)

Posts:199


05/05/2006 10:22 AM  
In a conversation with our 'esteemed' Legal Director (I am beginning to wonder), he is proposing he approach our legal counsel over the Board's right to suspend the Bylaws. The Legal Director believes that since the membership votes each Board member in to run the association, then they also 'trust' us to make these sorts of decisions.
This is the same person who questioned why we had to follow the rules for Homeowners Associations in our state since he never saw a bill for membership??? in the HOA.
But I digress from my original intent in posting this subject; have any of you ever heard of such a 'right' by a Board to suspend a Bylaw? Please tell me this isn't true.
RogerB
(Colorado)

Posts:5067


05/05/2006 12:23 PM  
You can not suspend the By-laws nor the Declaration. He may be confusing this with suspending Roberts Rules of Order when conducting a meeting. This can be done.
SwanB
(Washington)

Posts:199


05/05/2006 3:31 PM  
I wish that were the explanation but he is not confusing the two.
He also doesn't believe the Board should conduct an open forum at our AGM to hear members' opinions and thoughts on issues; "Why should we let the members tell us how to run our association?"
RogerB
(Colorado)

Posts:5067


05/05/2006 3:48 PM  
Swan, what is a legal director of an HOA? You need to get rid of this idiot. As far as his question "Why should we let the members tell us how to run our association?" the Board should comply with any motion approved by the members because the members are the association and have the ultimate authority.
BrianB
(California)

Posts:2820


05/05/2006 4:01 PM  
AFAIK, the by-laws are the rules that govern HOW the board/association conducts business. If you suspend them, you have no rules to follow to guide the board, or hold the board accountable. Suspending the By laws is tantamount to declaring the board null and void.

If any board I was involved with suspended its own bylaws, then that board would cease to exist... they could do whatever they wanted, but they control nothing, have no jurisdiction, etc.. So nothing they did would be legal or binding to anyone.
SwanB
(Washington)

Posts:199


05/05/2006 4:16 PM  
BrianB: I know. Isn't it a ridiculous thought. When he suggested spending the association's money to have legal counsel research this notion my stomach literally turned. This previous board has certainly given me an ulcer.
SwanB
(Washington)

Posts:199


05/05/2006 4:26 PM  
RogerB; Our Legal/Insurance Director is the liasion between our legal counsel and insurance agent and handles all matters pertaining to those areas. He or she would be someone who has some area of expertise or interest in those areas and or the ability to handle basic legal research before kicking in the bucks for legal counsel and knowing when to advise paying for that counsel.
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Forums > Homeowner Association > HOA Discussions > Suspension of Bylaws??



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