silencing voices not in agreement with majority

Started by ShawndaR • 6 replies • 2140 views

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ShawndaR
Posts: 4

Posted:

I have concerns about our board's not following good business practices. Recently, we undertook to do some infrastructure work for which we have a reserve account (parking lot curb replacement). We are unable to do all the work at this time, so needed to break it up into sections. Two board members who hold several proxied votes chose two of those proxied vote owners (proxies renewed annually to those 2 board members) to have their curbs done first, although there are other areas of the complex where the curbs are in way worse shape with a couple of them posing safety issues.

I anticipate a majority vote that will approve this setup, and would like to have a note put into the minutes that I'm concerned we are not following a fair procedure to choose which curbs are replaced. My question is - (assuming I'm right about the vote) can the Board refuse to have my comments entered into the minutes?

KerryL1 (California)
Posts: 14,550

Posted:

You're on the Board Shawndra?

My understanding of Robert's Rules of Order is that you may request to have reasons for your No vote entered into the minutes, but that the Board does not have to agree. I may be wrong though and perhaps your board doesn't even follow Robert's (RONR).

I would try to insist at, one hopes, an open meeting to have your objection spelled out in the minutes.

Why do you think a majority of the Board won't permit it?

I to disagree with favoritism, but wonder if a significant number of other urns will be replaced along with the two?

Btw, how many are on your Board and how many homes or condos are in your HOA?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Shawnda,

If I recall correctly, you are not on the Board. Expecting that this is correct, the minutes would only need to show that a complaint was brought up but not what was actually said.

For example:

Open Session - One member raised a concern about the order of curb work to be done. The Board took the concern under consideration.

Minutes are simply a summary of events and documentation of decisions. They are not a transcript of what was said at the meeting.

If you are on the Board, then, as Kerry pointed out, you could have the reason why you objected to a vote placed into the minutes. Otherwise, it's the Boards prerogative on how the minutes are kept.

JerryD5 (Colorado)
Posts: 218

Posted:

We had a board president that was like that. If we wanted to do any regular maintenance, he made sure his area was done first. We voted to try a new weather tracker system to help conserve water. He wanted the system installed in his courtyard first (he pervailed). Since becoming the board president, I am very cognizant of other homeowners and areas. For example, we switched from mulch to small river rock in some small common areas. I made sure 2 other courtyards that needed it the most were the first to have it installed. It is much more equitable now. We will start replacing trees that have been lost over the last couple of years. While my courtyard needs 2 trees, we will do it in stages and ensure the other areas are addressed first. Or do a random draw if there is an equal number of trees that need to be replaced in 8 areas.

ND (PA)
Posts: 792

Posted:

Tim's comment on what may or may not go into the minutes is accurate.

I might suggest that if you decide to bring up your thoughts/concerns with the situation that you simply ask at the meeting how the Board determined the process and sequence for replacing curbs. Leave the whole discussion of perceived favoritism and proxy-vote-holding out of it. You could be making some wrong assumptions. If is a well thought out plan presented, then you should have little or no concerns. If the plan presented begs questions, then you and others at that time should ask questions.

ShawndaR
Posts: 4

Posted:

thanks - this is a helpful approach.

KerryL1 (California)
Posts: 14,550

Posted:

Yes, Shawnda, ND's suggestion makes a lot of sense.

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