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KerryL1 (California)
Posts: 14,550
Posted:
At our most recent open board meeting, the minutes from the previous minutes did not state the names of the directors who voted nay or yea.

We've always included those names, but also at the last meeting a majority of the Board voted against using the names in those particular minutes. Now some very contentious budget issues were voted on at the meeting in question. Clearly, some directors did not want to be associated with their own vote.

Now, I'm pretty certain there's no legal requirement to record names.

How does your Board do this? Pros? Cons?

JohnB26 (South Carolina)
Posts: 1,001
Posted:
IMO: there is no legal requirement UNLESS a director wishes their vote to be on record

as in:

I wish the minutes to show my NAY vote on (or opposition to) the matter of XYZ.


That director would then be 'off the hook' if a case were brought for non or mal feasance.

(misfeasance is covered by D&O insurance)
KerryL1 (California)
Posts: 14,550
Posted:
Apparently the names of both Nays and Ayes are requid to be recorded in the minutes in FL. Does anyone know if that's correct?
AnnJ1 (Florida)
Posts: 122
Posted:
Hi Kerry....

Chapter 718 (condo associations) in FL read:
"A director of the association who is present at a meeting of its board at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless he or she votes against such action or abstains from voting. A director of the association who abstains from voting on any action taken on any corporate matter shall be presumed to have taken no position with regard to the action. Directors may not vote by proxy or by secret ballot at board meetings, except that officers may be elected by secret ballot. A vote or abstention for each member present shall be recorded in the minutes."

HTH,
Ann
JamesG (Connecticut)
Posts: 83
Posted:
Recently passed law in Connecticut states:

(8) The minutes of all executive board meetings shall contain a record of how each board member cast his or her vote on any final action proposed to be taken by the executive board, unless such action was approved either by unanimous consent of the board members or without objection by any board member.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Personally I believe the names for, against, and abstaining should be recorded and in the minutes as in nothing to hide.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks for the info on CT & FL! That's very interesting and there must be a reason or reasons!!

But what about others? Do you or don't you record at least the nay votes and abstentions?? No one has really said how their hOA does this.

The reason our PM suddenly kept out the names out of the draft minutes was because her favorite director SAID an Owner said some mean things to her about a vote she'd made. I don't even know if this is true as so few rad our meeting minutes. This newish director, "Janice," is very hyper-sensitive and rather emotional. But even if so, an occasional growl fro an owner should be expected. I think it comes with the territory!
TimB4 (Tennessee)
Posts: 21,059
Posted:
We record the votes: Measured passed unanimously or x yea x nay
We record the names of those who voted for/against if the individual asks.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
As James said, CT does require the minutes to state how each director voted unless the vote is unanimous. However, even before this law was passed, our HOA attorney has always advised this be done. According to our attorney, who specializes in HOA law, courts have often dismissed cases against individual board members who have voted a certain way on an issue, when that issue is the basis for a lawsuit.
KerryL1 (California)
Posts: 14,550
Posted:
I agree with you, Bruce. Our Board has passed by a 4-3 vote quite a few decision that I don't think are good for my HOA. I definitely want to be on record as opposed.

Btw, would you mind giving me the CT statute #??

Thanks.
JM10 (California)
Posts: 503
Posted:
Although I'm not sure if it is legally required in California to do so, it is a best practice to record who votes for what.

In the case that HOA directors vote to do something illegal (and this did happen in our HOA), then this should be recorded. In addition should a member have raised the legal issues, that member should ask that his/her protest be recorded.

In example of this is in the case that someone decides to prevent/prohibit a member from attending a meeting or speaking at a meeting. In California, directors are required to allow members to attend and members are allowed to speak at meetings within limitations.

Our HOA did both of these as well as ignore the health and safety requirements for inspection before usage of a playground as well as annual inspections. In the case of an injury that resulted from such negligence, HOA directors might be found negligent as individuals.

A secondary reason is when elections roll around, you want to understand how a director has voted and if that director voted in a manner that best represents you and your or the HOA's interests.

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