We are a nonprofit incoporated sportsmans club. Our bylaws state that the board of directors manage the affairs of the club. At a general membership meeting may an individual stand , make a motion, get a second and demand a vote on a proposal that has not been explored and researched by the board to determine feasability or good of the corp. I have researched this at Pa.C.S.A. 5721. I am looking for clarification. Thank you
Country relating to Question: United States
State (if USA): Pennsylvania
Thank you for your question. I happen to be a Pennsylvania licensed professional and will do my best to assist you this afternoon.The answer depends on your own articles. If the articles permit motions to come from outside members during a general meeting, such a motion is valid and binding. However if the general meeting is merely informative and does not permit general members to make motions, then the Chair (the Board) does not have to recognize the outside motion and as a consequence does not have to move on it. Where you really need to look is the articles which would tell you if the general members can or cannot make motions at the meeting. In any case while a motion can be made and seconded, it is still up to the Board to schedule a vote, unless that is also defined in the bylaws, so there is no requirement that they move on the motion even if seconded.Good luck.Dimitry Esquire41038.7090189815
There is no provisions fo accepting motions or not in our bylaws. do i then fall to Robt. R Of O. I just want to be sure the board has the right to schedule the vote on such motions
Thank you for your follow-up.If there are no provisions for such motions, then yes, you use Robert's Rules and within the rules as you can see, the Chair still has the right to either recognize the motion or not at their discretion. In other words the Board can still be within their rights and ignore the motion, although generally such motions are entertained and permitted to go forward.Good luck.Dimitry Esquire41038.7193271991
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