Board Modifying Propositions

Started by BlakeR1 • 11 replies • 1398 views

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BlakeR1 (Louisiana)
Posts: 7

Posted:

Is it justifiable for the board to modify propositions offered up by residents or other committees? We (ACC Committee) proposed a new amendment and submitted to the board. The board made recommendations, and as a group, we agreed to them and modified our proposition and resubmitted to the board. The day the ballots were sent out to residents, the board had arbitrarily decided to add an entire new section in to our proposition.

After questioning this action, I was told the board would review and edit everything being sent out for vote. I understanding editing an amendment prior to officially amending to get the legal wording correct, but what they added changed the merit of the proposition. Is this justifiable? It seems like b.s. to me.

TimB4 (Tennessee)
Posts: 21,061

Posted:

What was there response for the reasons when you asked about why the board made the changes?

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Blake,

You now have a mess.

Simply put, if you are asking people to vote on a question, everyone must be voting on the same question. Otherwise, no one is voting on the same thing and the vote is useless.

Once all of the suggestions, changes, modifications, suggested amendments, whatever, have been received, the final version should then be submitted again to the membership for a final vote. No changes, no amendments, no recommendations, no anything. Is this what you want? Yes or No!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Blake

The elected BOD is in charge and they will present as they wish to. Appointed committees are not in charge and can be dismaissed in a heartbeat.

Not defending the BOD, just stating fact.

CarolR11 (Colorado)
Posts: 2,563

Posted:

So, Blake, under what conditions did the Board make the final revisions? Are you saying that the modification that was sent out to the membership was decided on by the Board in a closed meeting? Do your bylaws or the state of LA permit closed meeting for such matters?

BlakeR1 (Louisiana)
Posts: 7

Posted:

All members voted on the same proposition. The ACC presented a proposition to the board, a proposed amendment. The board recommended some changes to the proposition, so we (ACC) reviewed it and agreed to the changes. We modified our proposition and submitted it to the board again. Our amendment had 5 subsections, the day the ballots were sent out to each resident, I noticed there was now a 6th section that the board added.

I'm not saying what they did was wrong, it just seems wrong. Maybe it is ok for the board to do this. But the section they added had an effect on the overall merit of the proposed amendment change. It seems to me, the board would have had this additional section on a separate ballot.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By BlakeR1 on 03/02/2013 8:08 AM

I'm not saying what they did was wrong, it just seems wrong.

And that is the real issue. The perception of wrong doing.

Blake, I agree that if they went to the committee once recommending changes then it would certainly be a reasonable expectation that they did it again if they wanted more changes. However, they didn't have to.

Have you spoken to the Board about this??
What was their response?

CarolR11 (Colorado)
Posts: 2,563

Posted:

Well, I'm suggesting that maybe the board was required to add this 6th section at an open meeting.

But whether or not this 6th section should have been added openly instead of in secret, Blake, depends on whether you bylaws or LA state laws permit closed meetings to make decisions about such matters.

BlakeR1 (Louisiana)
Posts: 7

Posted:

Quote:

Posted By TimB4 on 03/02/2013 8:32 AM

Posted By BlakeR1 on 03/02/2013 8:08 AM

I'm not saying what they did was wrong, it just seems wrong.

Yes. Their response was they will review and edit any proposed amendment before sending it out for a vote.

BlakeR1 (Louisiana)
Posts: 7

Posted:

Quote:

Posted By CarolR11 on 03/02/2013 9:16 AM
Well, I'm suggesting that maybe the board was required to add this 6th section at an open meeting.

But whether or not this 6th section should have been added openly instead of in secret, Blake, depends on whether you bylaws or LA state laws permit closed meetings to make decisions about such matters.

If it was added at a meeting, it was at a board meeting, not a membership meeting. I don't think our bylaws or LA State laws permit or prohibit them. I'll review to make sure.

Thanks for all the info. I think in the future, when we (ACC) have a proposition, we'll just propose it at an open meeting and have the quorum vote on putting the proposal on a ballot "as written".

BlakeR1 (Louisiana)
Posts: 7

Posted:

Quote:

Posted By JohnC46 on 03/01/2013 4:12 PM
Blake

The elected BOD is in charge and they will present as they wish to. Appointed committees are not in charge and can be dismaissed in a heartbeat.

Not defending the BOD, just stating fact.

We're a special member elected committee (ACC) and can not be dismissed. But I'm asking in general, it just so happened the ACC as a group submitted this proposition, but it could have just as easily been a resident.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Say, Blake, in many states, Boards cannot make decisions, e.g., to add a section in your case, in a closed board meeting, aka, executive session. This is stated in, for example our bylaws, but it also is state law here in CA.

You also wrote that the board may review and "edit" the ACC's proposal, but adding a section is, to me anyway, much more than an "edit."

It's very interesting that the membership approved the ACC instead of the board. But does your committee charter state that the Board supervises the committee? If not, to whom is the ACC accountable?

Our CC&Rs require an ACC, but the board has the authority to appoint members, and may discipline or dismiss ACC members.

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