RevellR (North Carolina)
Posts: 3
Posts: 3
Posted:
Does anybody know why an abstained vote is counted as NO, on voting issues in the HOA? We've been told here in NC by an attorney such. Thank you and have a great day.
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Started by RevellR • 8 replies • 1458 views
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DanS9 (Colorado)
Posts: 23
Posts: 23
Posted:
As far as I am aware an abstain is not counted yes or no. Its just a choice not to cast a vote. I would chack the NC HOA laws but hat seems very funny to me.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
According to Robert's Rule of Order, a majority means "more than half"-it means more than half the votes cast by persons legally entitled to vote, excluding blanks and abstentions, at a regular or properly called meeting at which a quorum is present. So the person who abstains is not acknowledged as having cast a vote. Chapter VIII Section 44
CaroleJ (Georgia)
Posts: 70
Posts: 70
Posted:
Just as a guess, was the attorney referring to meetings of the Board versus meetings of the members? If a BoD meeting, then abstention is counted as a 'NO', the same as a dissent. In Georgia, this comes from the Non-Profit code that governs the the corporation. Look for something like this in the NC code:
(d) A director who is present at a meeting of the board of directors or a committee of the board of directors when corporate action is taken is deemed to have assented to the action taken unless:
(1) The director objects at the beginning of the meeting (or promptly upon arrival) to holding it or transacting business at the meeting;
(2) The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or
(3) The director delivers written notice of the director's dissent or abstention to the presiding officer of the meeting before its adjournment or to the corporation immediately after adjournment of the meeting.
The right of dissent or abstention is not available to a director who votes in favor of the action taken.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Revel,
From what I could ascertain, this issue is not addressed in the nonprofit corp, condo or planned communities statutes of your state. Also, if your board does not have to abide by Roberts Rules of Order, whatever that source says does not need to apply. Like Dan, I've been of the opinion that an abstention does not count as a yes or a no.
From what I could ascertain, this issue is not addressed in the nonprofit corp, condo or planned communities statutes of your state. Also, if your board does not have to abide by Roberts Rules of Order, whatever that source says does not need to apply. Like Dan, I've been of the opinion that an abstention does not count as a yes or a no.
DanS9 (Colorado)
Posts: 23
Posts: 23
Posted:
Great info Snake. Thanx
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Revell,
Depending on what your voting rules state, the absentention could be used as a NO. If your bylaws say (for instance) 55% of votes cast, then the abstention is a mute point.
If your bylaws say 55% of the total membership, the abstention will be used in the total count as a no. It's done that way all over because every unit or member needds to be accounted for in a total membership vote.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Snake,
RRoNR is NOT the parliamentary bible for all assn's. Some bylaws and a state or two state it must be used; most do not.
RRoNR is NOT the parliamentary bible for all assn's. Some bylaws and a state or two state it must be used; most do not.
RichardP13 (California)
Posts: 1,767
Posts: 1,767
Posted:
For anyone in California, at a Board Meeting the vote MUST be a majority of the required quorum of directors.
An abstention may have the practical effect of a "no" vote since the motion may fail for lack of sufficient "yes" votes. Unless a greater number is called for in the articles or bylaws, a matter is deemed "approved" by the board if at any meeting at which a quorum is present at least a majority of the required quorum of directors votes in favor of the action. Corp. Code §7211(a)8.
We had a case where we had a quorum of 4 Board members and on a particular vote where 2 voted yes, one voted no and one abstained. According to the PM the motion passed, even though a member read them the specific Corporation Code.
So in these cases, the abstention works just like a no.
An abstention may have the practical effect of a "no" vote since the motion may fail for lack of sufficient "yes" votes. Unless a greater number is called for in the articles or bylaws, a matter is deemed "approved" by the board if at any meeting at which a quorum is present at least a majority of the required quorum of directors votes in favor of the action. Corp. Code §7211(a)8.
We had a case where we had a quorum of 4 Board members and on a particular vote where 2 voted yes, one voted no and one abstained. According to the PM the motion passed, even though a member read them the specific Corporation Code.
So in these cases, the abstention works just like a no.
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