Posted By LindaC3 on 03/19/2007 12:14 PM
Looks like a busy week for all HOAS..............I live in Florida am well versed in State Statutes...however have anew one that I don't believe is covered by Statute..... If the required number of Members call for and have a special meeting to deal with a Rule that was passed by a tie vote of the BOD...May the Members at this special meeting present a New Rule that is more of the liking to the majority of the Members of the HOA and request the BOD to revote the New Rule presented by the Members ?? Any and all comments appreciated..LindaC
First of all a tie vote can not pass a motion. It takes a majority of the board to approve a motion.
If a motion was passed to adopt the rule xyz rule, and the vote was a tie, then the motion fails.
Obtain a copy of the minutes for the meeting where a tie vote passed a motion. If that is exactly what the minutes state, then you can state that the minutes stating that the motion passed with a tie vote is in error, and the vote on the motion had actually failed due to the tie vote, and therefore, the rule that was voted on and failed cannot be enforced.
If what you're saying is what happened, then someone needs to educate the board on how to deal with motions. Have them look at Robers Rules.
If the president abstained from voting during that vote, then it had the effect of a NO vote. S/he could have voted either way.
To answer your question, the number of members required to call a special meeting is not a majority of the community members. Usually it's 25% that can call a special meeting.
The members at that meeting can request the board to revoke and replace the new rule. However, the board has no obligation to accept the recommendation.
If 25% show up, then the board may elect to put the rule to a vote of the comminuty in the form of an official ballot. The board would have to decide what percentage would be required to win the vote. They could decide that it takes the same percentage that is required to amend a CC&R, or they could decide that it only takes a majority of the members. The official ballot vote would then be a true representation of what the community disires.