Invalid Vote

I am a new HOA Board member. At my first meeting this month, a Board vote was taken to amend the stain color of the mailboxes (the Restrictive Covenants already addressed this subject).

The Restrictive Covenants state that no change can be made without a 75% vote of the homeowners. I did not vote and when I explained why, I was ignored.

The new guideline is going to be posted in the newsletter sent out by the Board. Since the vote was illegal (?)/invalid, I don’t believe the Board can require the homeowners to make this change.

Your advice would be greatly appreciated. Thank you!

you should make sure your objection becomes part of the minutes

Thank you very much for the responses. Here are my answers/comments:

SusanW1: The Restrictive Covenants specifically state that any new mailbox must be identical in design and material as the original one installed by the Developer. It goes on to state the name and number of the Sherwin Williams stain to be used. It also states if that stain color is no longer available, then the stain color closest to it must be used. The stain color voted on is an entirely different color, by the way.

JohnB26: Thank you, I did ask the Secretary to note my objection and I will make sure it appears there.

MelissaP1: That is a good point that not voting could be tantamount to a vote. When I abstained, I made it clear why. The other Board members sat silent and looked to the President for comment. He did not reply.

I’m confused by your remark “It doesn't matter as long as there is a majority vote.” There was majority vote with the Board, but they do not represent 75% of the homeowners, so how are they legally able to do that?

When an amendment to the Code of Regulations (By Laws) has been suggested (this document also states that a 75% homeowner vote is required), the issue has been placed on a ballot and voted on either at the annual meeting or by mailing ballots to all the homeowners. If 75% do not vote, then the issue is tabled.

The board exceeded its authority. The motion conflicts with the CCRs - therefore it is null and void and should be declared so by the president. The minutes of the original meeting should note that in the margin before the minutes are approved.

The time to speak up when this happens next is at the motion. Call a point of order and state your case. If the presiding officer continues on with the motion in spite or your evidence, then shame on him/her. The Board is putting itself in liability by doing something like this.

Never abstain from a vote unless there is VERY good reason. You should have vote€d NO and reiterated your reason.

Now . . . having said that. The CCRs need a real looking at. For the CCRs to lock in a specific color is, IMHO, micro managing and does not consider changing times.

Let the members establish an ARC and let them decide a choice of colors for members to choose from.

Thanks, MelissaP1, for the clarification and your time spent helping me.

Valerie - does your board or documents call for an Architectural Restrictions Committee? (ARC) or is the board conducting and granting permits