HOA Board Voting

I was wondering how all of your HOA boards vote. Does your board vote on certain issues before it goes to a general vote to the homeowners? As an example, say you wanted to instal a basketball hoop in a common area, does the board vote on that first or does it go straight to a genral vote? Another thing, when the board does vote with 4 people and the President dosent have a vote, how does that work. I heard it is called "Roberts Law" , which I have never heard of before. I am trying to figure this all out due some issues on our board where 2 of the 4 board members agree on everytihng and the other two of us being the Pres (who doesn't get a vote) don't really have a vote on anything. Hope all that made sense and I hope someone can explain this to me.

Thanks-

TammeraV

Thank you HaroldS1! I was hoping someone would have asked that very same question. I certainly don‘t know all there is to know about HOA, POA, etc nor do I claim too, but I’m in the process of learning (from all of you).

I too don’t see why the President couldn’t or can’t vote, that is the most absurd thing I have ever heard, even if your documents state they can’t, it makes no sense, what-so-ever.

I would certainly appreciate it if someone would tell me why? If in fact some governing documents do say the president can’t vote? HMMMMMM I wouldn’t think so, but I’ve realized that, what I think is one thing, I’m told the governing documents say this so that what we legal have to do!

I wish I could give you better information to help you understand the voting situation you are confronted with, but I am leaning it all myself.

I do know that your governing documents do (just about) spell everything out. You must read “between the lines” but it may very well be stated in there. Read them thoroughly and carefully.

I’m sure others on this discussion forum can “set you straight” on this particular dilemma.

Best of luck and keep us posted
Chuck W.

Tammera:

Most issues inside an HOA are only board votes, they don't go to general homeowners. For example picking a landscaping contractor, rules and regs on common areas, etc. are just board votes. Homeowners only vote on elections, covenants changes and special assessments and in certain cases dues raises.

Unless your docs forbid it your president should vote, unless there is a conflict of interest on a particular subject.

Hi Tamera:

It seems nobody has answered your first question about the board voting before sending it to the membership.

Your documents (the CC&R's and Bylaws) should specify the powers of the Board and what they can/cannot do, and what items require a vote of the membership. In ordinary circumstances, a vote of the membership is required:
- at the annual meeting, to vote in new board members
- to amend the governing documents
- to recall board members

In some instances, a vote of the membership is required to pass a special assessment, or to pass a budget at all, or to pass a budget that exceeds either the prior budget by a certain percentage, or over a certain dollar amount. Any of those cases should be spelled out in your documents, if required. It would be rare that the board would not be allowed to modify a common area by installing a basketball hoop; however, it would be wise for a board to check out the need/desirability of having a hoop there, if it would bother nearby homes/units, and possibly post and enforce hours of use (who wants to wake up at 2:00 a.m. to the sound of a basketball game?).

In large parliamentary bodies, Robert's Rules do not allow the president of the body to vote except to break a tie. In smaller bodies, (as stated well above) the President can vote, engage in the debate, etc. (example: the Vice President of the US is the tie-breaker in the US Senate, which by design has an even number of senators (2 from each state).

J. Patrick Moore, CMCA