Quote:
Posted By BruceF1 on 11/11/2012 11:23 AM
JM10,
Roberts Rules does not require that the minutes include a record of how each member voted unless there has been a motion made and passed that a roll call vote be taken.
However, in the case of homeowners associations, recording how each member voted may be advisable. Our HOA attorney has advised that, in light of court decisions here in Connecticut, HOAs are strongly urged to record in the minutes how each member voted. However, ir is not necessary to state the reasons behind each vote.
Bruce:
Yes, I admit I wasn't thinking of Roberts Rules of order, but rather on legal issues and legal liability.
If I knew that the board was venturing into something illegal, I would not only want my vote recorded, but also the reason. I would ask for the reason to be recorded and if it wasn't recorded, I would want it noted before the board approved the minutes and write a written request to that effect.
It the board was then taken to court and found personally liable, then I would have written proof that I objected and would be able to defend myself against any monetary damage claims.
In the case of elections in a larger community where you might not be able to know everyone, such voting records would help you decide how to vote and for whom. Board members should not be secretive about voting.
In California, the Davis-Stirling Act is based upon the Brown Act. The Brown Act is for public organizations such as school boards. I've seen the minutes of a school board and believe these offer a good example of how HOA minutes should look. Both are sunshine laws. The goal for HOAs should be like that of public institutions, transparency to members.