There should never be a Board of Directors meeting agenda item entitled “Old Business.” Also, since the 20 Nov 08 meeting will be the first regular meeting of our new Board, there shouldn't be any Unfinished Business brought into this meeting (unless something was left unfinished at the organizational meeting of the new Board). However, members of the new Board may introduce matters left over from the previous Board as New Business. Committees don't carry over either. If committees are desired, they must be appointed by the new President and confirmed by the new Board of Directors.
Here is the detailed explanation of why the above statements are true. Our Market Street at Town Center Condominium bylaws can be viewed at this link: http://www.marketstreetattowncenter.com/docs/BylawsV4.PDF Section 13 of Article 3 (on page 21 of those bylaws) contains this sentence: “Robert's Rules of Order (latest edition) shall govern the conduct of the meetings of the Board of Directors when not in conflict with the Declaration, these Bylaws or the Condominium Act.” The following link identifies the right book: http://www.robertsrules.com/book.html The footnote on page 346 of that book reads as follows: “The expression ‘old business’ should be avoided, since it may incorrectly suggest the further consideration of matters that have finally been disposed of.” On page 471 of that book is the following information: “…all unfinished business existing when the outgoing portion of the board vacates membership falls to the ground…and if the board is one that…appoints standing committees, it chooses new...committees as soon as the new board members have taken up their duties….” The sentence at line 17 on page 229 of that book explains that the unfinished business of the old board can be introduced by the new board (as new business) “the same as if it had never before been brought up.” Section 4 of Article 4 of our bylaws (at page 22 at the bylaws link given above) explains that our Association President has “the power to appoint committees from among the Unit Owners, subject to the confirmation of the Board of Directors….”
Friday, November 14, 2008
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