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DavidF4 (Florida)
Posts: 11
Posted:
I am in my last year of a two year term in my Florida HOA. (186 single family houses)
At the first board meeting after our annual elections, the meeting was called to order. Some business was conducted and then elections of officers were next on the agenda. Our board has seven directors. One was unable to attend. Nominations were entertained via a motion and a second. The President, Vice President, and Secretary positions each had only one nomination and were deemed to have been elected. The Treasurer's position had two nominations and a secret write in ballot was utilized. The votes were tallied and recorded. The President upon seeing the results of the election (not to his liking) asked if the missing director could be called to offer his vote. The President had selected not to vote in any decision unless to break a tie and he did not vote in this election.
The vote was 3 to 2 with one absent director. After a long and profound debate about a legal quorum, a legitimate voting proceeding, and the outcome being recorded, the President declared the meeting adjourned. He then decided to vote and tie the vote to 3 to 3. He then declared the meeting a "non meeting".
Unfortunately for him, I have the entire meeting on tape.
What should I do now?
And yes, I was the one that was seemed to have been elected by the 3 to 2 vote.

David F
BrianB (California)
Posts: 2,820
Posted:
Tough noogies to the president. a meeting quorum is decide at the beginning of the meeting, not at the end. If you had enough people to start the process of voting, then you had enough to do it legally. So, if the bylaws state that the quorum is met with six of the seven board members,(which it should), then you had a legitmate meeting and vote.

Same for the president's vote: If he chooses to vote, then he votes WHEN EVERYONE ELSE DOES. If he chooses to abstain, then he doesn't vote. He doesn't get to abstain, then change, and vote AFTER THE RESULTS of a SECRET BALLOT are done. He either follows the same process as everyone else, or he sits it out.

REgarding voting in case of a tie: That's fine. but, the vote wasn't a tie, so he doesn't get to break the tie. No tiebreaker needed, so he sits on the sidelines.

KennyD1 (Texas)
Posts: 51
Posted:
Do you have a management company? If so, then meet with the president of this management company and give him the lowdown about this issue and take the tape with you.
HaroldS (Arizona)
Posts: 906
Posted:
Uh Kenny - what can an MC do about this situation? They are an employee of the board. They might suggest what is wrong, but he doesn't have to listen to them and could fire them.
An HOA board is only beholden to it's members. Only the members can remove a board member. The board itself can remove him as president, but cannot remove him from the board. David - where is the rest of your board while he is doing this? Harold
DavidF4 (Florida)
Posts: 11
Posted:
the rest of the board thinks I am the trouble maker. I have them on tape saying that they make the rules and don't have to follow the State's laws, our by-laws, or Roberts Rules of Order.

I have a few people in our development that support me, but most don't care because this is how things have been done before and our assessments are very low. ($185/month)

I feel like Don Quixote fighting windmills sometimes. Sometimes I feel like Jeb Smith (Jimmy Stuart) in the Movie, Mr. Smith Goes to Washington.

There is a board meeting today at 3:00 PM and depending on the outcome, I may be forced to take this issue to mediation with the state.

thank you for your replies
David
BrianB (California)
Posts: 2,820
Posted:
david, your board is batting .333

They MUST follow all applicable state laws. They MUST follow their own by-laws. They do not have to follow RObert's Rules.

one for three.. not bad in baseball, bad in HOA.
DavidF4 (Florida)
Posts: 11
Posted:
our by-laws require that our meetings be held according to Robert's Rules of Order (latest edition)
David

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