Voting on a Motion

Started by MaureenM1 • 4 replies • 1336 views

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MaureenM1 (PA)
Posts: 344

Posted:

As President I have called for a vote (outside of a meeting) and sent the motion to the board. Our bylaws allow voting outside of a meeting if board members agree in writing.

Four of the five members voted, however, one refuses to vote because the vote did not go her way. We are having our annual meeting tonight and this board member asks that we vote at the meeting, however, she states she is not going to be forced to vote.

The vote is on replacing our existing gates that have never worked and we recently settled with the developer and he has given us monies towards new gates.

Please advise on how I can get this vote settled with or without this board member.

thank you,

Maureen

TimB4 (Tennessee)
Posts: 21,059

Posted:

Maureen,

If I understand it correctly, you are not asking for a vote but for an action without a meeting. Action's without meetings are legal but typically require 100% written agreement to be valid.

Since you don't have 100% agreement, you would be required to hold a meeting to have a vote.

If this is something you want resolved prior to the annual meeting (and notice requirements can be met), then simply hold the board meeting prior to the start of the annual meeting. If your having elections at the new meeting, you may want to consider letting the new board make the decision.

Tim

SheliaH (Indiana)
Posts: 6,964

Posted:

Well, if your documents allow voting outside of the meeting and the vote on the gates was done according to those documents, I wouldn't worry about this board member (apparently she got outvoted anyway).

However, I would explain at the annual meeting why this vote was taken outside of a meeting. Personally, I think votes outside a regular meeting should be reserved for emergency situations and replacing gates doesn't sound like an emergency. That may be what the board member is complaining about.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By MaureenM1 on 12/17/2012 3:59 AM
As President I have called for a vote (outside of a meeting) and sent the motion to the board. Our bylaws allow voting outside of a meeting if board members agree in writing.

Four of the five members voted, however, one refuses to vote because the vote did not go her way. We are having our annual meeting tonight and this board member asks that we vote at the meeting, however, she states she is not going to be forced to vote.

The vote is on replacing our existing gates that have never worked and we recently settled with the developer and he has given us monies towards new gates.

Please advise on how I can get this vote settled with or without this board member.

thank you,

Maureen

Following proper parliamentary procedure, no member can be compelled to vote. If one refuses to vote, it is an abstention and an abstention is not a vote at all. The motion fails or passes based on the results of the remaining members that did vote. If the results don't change with or without this person's vote, don't worry about it. It wouldn't have made any difference if this person had voted. If this person could have changed the results by voting, then this person is not helping their cause and is being foolish by not voting.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Maureen

The question is do all your BOD Members have to agree in writing that they accept having a written vote or that they have to be notified in writing that one is taking place.

If notified in writing that a vote was being taken and choosing not to participate is an abstension, especially when she acknowledged their was a writing vote being taken and she chose not to vote.

Hope this helps.

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