BOD email votes

Started by JoanneA • 2 replies • 1108 views

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JoanneA (Florida)
Posts: 19

Posted:

Can our BOD vote on a serious money matter without calling a meeting? They want approval on a sum of money of 20 thousand and want only the BOD members to vote via e-mail on this subject. Is this legal?

TimB4 (Tennessee)
Posts: 21,059

Posted:

What do your governing documents say about approving this expenditure?

Are you a condo or HOA (as different State laws apply)?

As president of my HOA, I've held a meeting to vote on an issue that was already discussed at a previous meeting that didn't have a quorum. Therefore, I encouraged members who had made a decision already to register their decision by a directed proxy and informed them that the directed proxy could be sent by e-mail.

Physically at the meeting we had the Board and one homeowner.
Turn out was 70% of our membership (counting the proxies).

Tim

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Joanne:

Virtually most all items pertaining to HOA’s in your state are to be open to all members including board meetings. In fact one section states:

(2)BOARD MEETINGS.—

3. Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

I am not an attorney; however, I highly recommend your board does not pursue this avenue regarding this issue.

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