Legal Question in Business Law in Florida

Your 2/3 interpretation please

Please help with the interpretation of the vote required to move the motion in the affirmative.

The motion is a policy change. Current Policy states:

''The proposal shall be voted on at the next (group deleted) meeting. A two-thirds majority vote of the (members) present is required to amend. Refer to Parliamentary Procedures for definition of two-thirds majority vote.''

Quorum was established at 7 voting members.

For reference, the parliamentary procedures section referred to in policy is:

''Two-Thirds Majority is defined as two-thirds of voting members voting yes or no. Abstentions shall not be counted in defining a majority. If the abstentions out number the prevailing of the yes or no votes, the motion is automatically tabled until old business at the next (group deleted) meeting. Including matters of policy.''

Additionally policy states:

''In all areas not covered by this Policy, the (internal traditions(word change)), the Guide to Service Structure, and Robert�s Rules of Order in that order, shall be authority to settle all questions of procedure''

How many Yes votes are needed to change policy? There are two different thought on this.


Asked on 6/23/08, 3:40 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Your 2/3 interpretation please

5 if seven of the members vote

4 if six of the seven members vote

4 if five of the seven members vote

3 if four of the seven members vote

if 3 of the seven members vote, the motion is tabled.

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Answered on 6/23/08, 4:49 pm


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