06-02-2015, 07:56 AM
Per watchdog,
"The bylaws CAN NOT be changed by a motion!
All other business is to be done in public at a BOD meeting. Think about it the board could make any motion they want, approve it and do business in the dark, there are no exceptions."
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This is my position as well. A policy can not stand if it is contrary to our bylaws.I did get a response to my email from a board member and I appreciate that . I reiterated this exact point in my response , added another thought and advised to verify the authority of this policy with an attorney. Here's the other thought.
Allegations of conduct misbehavior (members or Board members) and the way the Board reacts is a potentially libelous situation. (I'm not in agreement that a policy of this nature be passed without the blessing of our association's attorney). Our well intended directors might think that following this procedure personally protects them from liability . Does it? Did we the Association give the Board authority to meet behind closed doors to discuss behavior of board members or association members? We did not.
I realize I think differently from most. My partner and I owned and operated our own Corp.s on Oahu for close to 25 years. My thought process is not that of "blame".... it's more of fixing the root cause. Our livelihood depended on this type of reasoning.
We can not fix a problem by violating the Federal law, State statues, county ordinances or our bylaws. Nothing "get's fixed" with this reasoning.
"The bylaws CAN NOT be changed by a motion!
All other business is to be done in public at a BOD meeting. Think about it the board could make any motion they want, approve it and do business in the dark, there are no exceptions."
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This is my position as well. A policy can not stand if it is contrary to our bylaws.I did get a response to my email from a board member and I appreciate that . I reiterated this exact point in my response , added another thought and advised to verify the authority of this policy with an attorney. Here's the other thought.
Allegations of conduct misbehavior (members or Board members) and the way the Board reacts is a potentially libelous situation. (I'm not in agreement that a policy of this nature be passed without the blessing of our association's attorney). Our well intended directors might think that following this procedure personally protects them from liability . Does it? Did we the Association give the Board authority to meet behind closed doors to discuss behavior of board members or association members? We did not.
I realize I think differently from most. My partner and I owned and operated our own Corp.s on Oahu for close to 25 years. My thought process is not that of "blame".... it's more of fixing the root cause. Our livelihood depended on this type of reasoning.
We can not fix a problem by violating the Federal law, State statues, county ordinances or our bylaws. Nothing "get's fixed" with this reasoning.