voting by boarmembers

Started by CharlesG5 • 5 replies • 1703 views

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CharlesG5 (Florida)
Posts: 60

Posted:

At our HOA board meetings, when a motion has been made, the president says all in favor say yes, then those opposed say no. Now the president has decided that there will be a roll call vote. Each board memebrs name is called for a yes or no vote but the minutes only show how many yes's and no's.

Any other HOA's do this?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Check your bylaws for any guidelines, but generally, the presiding officer can call for a rollcall vote, a voice vote (most common in small boards) or a secret ballot (written ballots). It should be announced at the beginning of the call for the vote, but it can be challenged/changed by a majority vote of the board.

As far as being in the minutes, again, this is up to the board. The main thing is that ONE decision come out of any motion. The board needs to show ONE collective voice in its decisions.

PeterD3 (Florida)
Posts: 708

Posted:

Not recording votes by each Director would be in direct violation of Florida State Statutes 720.303 Paragraph 3:

3) MINUTES.--Minutes of all meetings of the members of an association and of the board of directors of an association must be maintained in written form or in another form that can be converted into written form within a reasonable time. A vote or abstention from voting on each matter voted upon for each director present at a board meeting must be recorded in the minutes.

RobW (California)
Posts: 279

Posted:

If your rules and/or Civil Code allow identifying each member and his/her vote in the minutes, I would recommend it. Obviously, it's not required if the minutes state that all Directors are present, and the vote is unanimous. We keep careful minutes of our meetings, and the minutes going back to 2003 are available to homeowners for download from our website. Let's just say that this practice tends to deflate certain potentially explosive situations in our community.

Rob

SusanW1 (Michigan)
Posts: 5,202

Posted:

Peter - that rule does not indicate the necessity for a roll call vote, only that the vote tally must be recorded in the minutes.i.e. "3 yeas, 4 nays. Motion dies."

PeterD3 (Florida)
Posts: 708

Posted:

This is what I was referring to:

Quote:

Posted By SusanW1 on 02/21/2011 11:20 AM

...As far as being in the minutes, again, this is up to the board. The main thing is that ONE decision come out of any motion. The board needs to show ONE collective voice in its decisions.

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