Vote's Time Limit & Changing Them

Started by DarleneL1 • 4 replies • 1262 views

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DarleneL1 (Florida)
Posts: 97

Posted:

Our CC&Rs or By-Laws do not specify whether a vote can be changed after a meeting. I know that Proxy's may be changed up to 90 days after a vote according to Florida Statutes. Can a vote be changed up to 90 days also? Our BOD held a vote and one of the members wanted to change their vote, after hearing everyone talk at the meeting and gathering more information the next day. Does anyone know the laws?

RogerB (Colorado)
Posts: 5,067

Posted:

Darlene, to my knowledge once a vote has been finalized and not challenged it stands. No change can be made unless the vote has not been completed. This could be the case when there is a ballot vote with a deadline beyond the meeting date.

BradD2 (Florida)
Posts: 418

Posted:

If the vote was in writing that as far as I know once it has been submitted it is finalized. That is concept of casting a vote.

JoeW1 (New York)
Posts: 728

Posted:

DarleneL1 - RogerB and Brad may be correct. However and reasonableness logic dictate that if something is wrong it be fixed. In this case the BOD that wants to change his/her vote may only be able to state the reason and why in an open meeting and get the desire on the record. If there is no by-law or state statute that speaks to the matter than the Board and or Association may be able to adopt a policy addressing it.

JM2 (Oregon)
Posts: 439

Posted:

Hi Darlene:

I'm not sure whether this was a vote among the board at a BOD meeting, or a vote of the membership.

If it's at a BOD meeting and the issue was defeated, the issue could be re-introduced at the next BOD meeting, discussion and a new vote taken on the new motion.

If it's a membership vote, it would be possible to go through the whole election process again (although a bit expensive). If it is something that is crucial to the HOA and the one vote was the deciding vote, then it may be worthwhile.

If it was a membership vote, it may be cheaper to check with your HOA's attorney to see if it's possible to change the vote; either way, you would have a definitive answer for the Board to proceed on (actually, to be totally definitive it would have to go to court...).

J. Patrick Moore, CMCA

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