KarenT (Washington)
Posts: 250
Posts: 250
Posted:
When taking a vote in a HOA - does the individual who wants the HOA to pay for a item that benefits that individual only allowed a vote or should they not vote on their own issue?
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Started by KarenT • 12 replies • 1624 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Ideally they should recuse themselves. However, there is typically nothing that requires them to do so unless it's in your governing documents.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Are you talking about a director who has a "conflict of interest," Karen? Are you on the Board?
My understanding is that a majority of the Board can demand that the individual recuse her/himself not only from voting but also from discussion of the topic. The Board can even ask the individual to leave the room while the discussion and vote occur.
That recused person still counts towards quorum.
But this really is a legal question and I'm not in that profession. And your state may be different than mine, tho' I don't think so, on this topic.
As Tim points out, there may be something in your governing documents a bout recusal, probably your bylaws, but probably not.
My understanding is that a majority of the Board can demand that the individual recuse her/himself not only from voting but also from discussion of the topic. The Board can even ask the individual to leave the room while the discussion and vote occur.
That recused person still counts towards quorum.
But this really is a legal question and I'm not in that profession. And your state may be different than mine, tho' I don't think so, on this topic.
As Tim points out, there may be something in your governing documents a bout recusal, probably your bylaws, but probably not.
KarenT (Washington)
Posts: 250
Posts: 250
Posted:
No, this was not a director who was voting, just a individual homeowner. One Board member indicated this person should not vote on her own issue, but other Board members said she could. Nothing in our CCR's or by-laws address this issue.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Is this a vote that will go to your entire HOA membership? How did it get on the ballot? Are you on the Board? Or are you this H/O?
What is the topic that's being voted on?
What is the topic that's being voted on?
KarenT (Washington)
Posts: 250
Posts: 250
Posted:
Yes, entire membership vote
Homeowner requested vote
Yes, I am on Board
No, not the HO
Homeowner requested vote
Yes, I am on Board
No, not the HO
KarenT (Washington)
Posts: 250
Posts: 250
Posted:
Topic was to pay for a curb cut for a parking area for this homeowner. This particular homeowner does not have a garage or driveway, but all other homes do. The home was original home built 1938 all other new homes were built from 1995 - 2001 and have driveways and garages.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
To my mind without thinking about it much, this H/O knowingly brought a home without off street parking. Now this H/O wants the entire membership to pay for the cut out.
Do your governing documents state that all homes have off street parking?? If not, why does this H/O think all of you should purchase this amenity for them?
I guess I wonder why the board permitted this to be brought up for a vote? Ballots, mailings, etc. are expensive, especially if you have a double-envelope secret ballot. Why didn't the Board just vote one way or other on this matter?
Do your governing documents state that all homes have off street parking?? If not, why does this H/O think all of you should purchase this amenity for them?
I guess I wonder why the board permitted this to be brought up for a vote? Ballots, mailings, etc. are expensive, especially if you have a double-envelope secret ballot. Why didn't the Board just vote one way or other on this matter?
BruceF1 (Connecticut)
Posts: 2,535
Posts: 2,535
Posted:
Quote:
Posted By KerryL1 on 07/24/2014 7:42 AM
My understanding is that a majority of the Board can demand that the individual recuse her/himself not only from voting but also from discussion of the topic.
My understanding is that a majority of the Board can demand that the individual recuse her/himself not only from voting but also from discussion of the topic.
This is not required by accepted parliamentary procedure. It is strictly up to the individual unless the governing documents specify otherwise.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Although Karen's topic is different than what I first thought, thanks for the correction per Robert's Rules of Order, which state that directors should recuse themselves, but no one can compel them to.
In CA Ccivil Code, there are now some cases when directors must recuse themselves effective 1/14, but none like the one in this post.
In CA Ccivil Code, there are now some cases when directors must recuse themselves effective 1/14, but none like the one in this post.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Karen,
I have to ask, did that one vote make the difference (I'm expecting it did but thought I'd ask to be sure).
I have to ask, did that one vote make the difference (I'm expecting it did but thought I'd ask to be sure).
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 07/24/2014 10:00 AM
To my mind without thinking about it much, this H/O knowingly brought a home without off street parking. Now this H/O wants the entire membership to pay for the cut out.
Do your governing documents state that all homes have off street parking?? If not, why does this H/O think all of you should purchase this amenity for them?
I guess I wonder why the board permitted this to be brought up for a vote? Ballots, mailings, etc. are expensive, especially if you have a double-envelope secret ballot. Why didn't the Board just vote one way or other on this matter?
To my mind without thinking about it much, this H/O knowingly brought a home without off street parking. Now this H/O wants the entire membership to pay for the cut out.
Do your governing documents state that all homes have off street parking?? If not, why does this H/O think all of you should purchase this amenity for them?
I guess I wonder why the board permitted this to be brought up for a vote? Ballots, mailings, etc. are expensive, especially if you have a double-envelope secret ballot. Why didn't the Board just vote one way or other on this matter?
I wonder the same thing. How did this request get to the point of all owners voting?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Interesting question, Tim. I was assuming the vote had not yet occurred.
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