board voting-unanimous or majority

Started by DorothyD2 • 15 replies • 3082 views

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DorothyD2 (Florida)
Posts: 12

Posted:

The election board in writing,ask for a special meeting.The board voted unanimously and days later a board member wants to recind their vote,does it have to be unanimous or is it majority vote?And can they recind thanks Dorothy D

PeterD3 (Florida)
Posts: 708

Posted:

The ability or right to recind a vote aside, BoD decisions are by a simple majority of those present assuming a quorum was achieved.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By DorothyD2 on 09/19/2011 7:23 AM
The election board in writing,ask for a special meeting.The board voted unanimously and days later a board member wants to recind their vote,does it have to be unanimous or is it majority vote?And can they recind thanks Dorothy D

There is no majority or unanimous about it. According to proper parliamentary procedure, a VOTE may not be rescinded, period.

What one CAN do at a later meeting is introduce a motion to rescind the action taken by the board at a previous meeting. A motion to rescind requires a 2/3 vote to pass without notice, or a majority with notice. By notice it is meant that the person intending to make the motion to rescind has notified the board members of the intention to introduce such a motion prior to the meeting. However, that person's vote on the original motion remains unchanged.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By PeterD3 on 09/19/2011 7:52 AM
The ability or right to recind a vote aside, BoD decisions are by a simple majority of those present assuming a quorum was achieved.

There is no "right" to rescind a vote. According to proper parliamentary procedure, votes cannot be changed nor rescinded.

PeterD3 (Florida)
Posts: 708

Posted:

My intention was to state I was not addressing the 'rescind' portion of the question.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By PeterD3 on 09/19/2011 12:00 PM
My intention was to state I was not addressing the 'rescind' portion of the question.

I misunderstood your intent. Sorry. However, some motions may require a 2/3 majority instead of a simple majority.

PeterD3 (Florida)
Posts: 708

Posted:

My HOA just 'wings it'. They neither follow Robert's or Parlimentary but some form of what I call 'common consent'. If thier all happy then it 'flies'.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By PeterD3 on 09/20/2011 6:03 AM
My HOA just 'wings it'. They neither follow Robert's or Parlimentary but some form of what I call 'common consent'. If thier all happy then it 'flies'.

Until someone becomes unhappy and takes you to court.

PetunkaM (Florida)
Posts: 1,009

Posted:

Bruce,
this is Florida, where things tend to be done rather 'informally' in smaller and older HOAs. Tradition is hard to break.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Peter, you might check your governing docs. Our Bylaws state that some form of parliamentary procedure must be followed.

PeterD3 (Florida)
Posts: 708

Posted:

Been there - done that. I have lived in 3 Fl. HOAs and none of them have specified any type of procedural requirements.

Our current BoD tries but the only meeting run properly is the annual meet. which is presided by the HOA legal counsel.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Peter,

Typically the vote may not be changed once the results are announced. However, a motion can be made to revisit the issue and take a new vote.

KarenT (Washington)
Posts: 250

Posted:

Dorothy,

This exact thing happened to us recently. The board member signed the vote in writing to agree and then the next day decided to recind the vote. The BOD held the original written vote.

Our CCR's state under the quorum for board action "a majority of the board shall constitute a quorum. The board shll act by majority of those present at its meetings where a quorum is in attendance."

So even if this board member recinded the original vote, it still passed by the majority.

Check your documents.

KarenT (Washington)
Posts: 250

Posted:

Quote:

Posted By PeterD3 on 09/20/2011 11:46 AM
Been there - done that. I have lived in 3 Fl. HOAs and none of them have specified any type of procedural requirements.

Our current BoD tries but the only meeting run properly is the annual meet. which is presided by the HOA legal counsel.

Peter,

Tell me more please! Does your legal counsel come to the meetings because of the turmoil in your HOA? Is it because of the Boards inability to get things done or because of issues with certain members?

We have had our HOA attorney at one meeting because the members thought the President did not know what she was doing. Only one person asked a question and that homeowner did not get the answer she wanted and quit talking to the Board period.

The problem we faced and are still facing is these people just flat do not understand the HOA concept. They have not read or even if they have read them, they do not understand the CCR's, by-laws,etc... Even though the BOD has tried repeatedly to provide the information to help them understand. They just believe the BOD doesn't know what they are doing or talking about.

DorothyD2 (Florida)
Posts: 12

Posted:

When you say majority is that of the board or the residents attending the meeting?

KarenT (Washington)
Posts: 250

Posted:

Quote:

Posted By DorothyD2 on 09/23/2011 9:36 AM
When you say majority is that of the board or the residents attending the meeting?

It is for Board action, therefore, majority of the Board.

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