Board Members and how they vote

Started by LV • 6 replies • 888 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LV (South Carolina)
Posts: 38

Posted:

Do boards have to disclose how each board member voted on a matter in executive session? If something passes, it passes. There is no need to tell the homeowners that bob voted no and susan/mike voted yes. That would create disharmony not only on the board but community. Is it ok for the board to say "this decision passed unanimously or just say the majority of board members voted 3-1 and say who voted for and against?"

This is specifically talking about a contract situation which is private in nature anyway. Please advise

RichardP13 (California)
Posts: 3,868

Posted:

Would you find it acceptable to allow our Congress to just say it passed 51-49 and not knowing how your elected representative voted?

TimM11
Posts: 354

Posted:

As a board member, I'm always willing to tell people how I vote on anything. I don't care about harmony or putting forward a united front; there will be times when I'm in conflict with other board members, and that's fine.

KerryL1 (California)
Posts: 14,550

Posted:

My understanding is that everything that occurs in Ex. Sess. is confidential. That would include how individuals voted and even the final vote count. But that's in CA. I don't know about SC but suspect it's the same.

In these private, confidential sessions, owners need only be told the barest outline, i.e., "The Board interviewed three landscaping firms and approved a contract with ABC mowers." These ES results must be in the minutes of the next open meeting and must be announced by the presider of that meeting.

The question, then, might be: can board discussion, deliberations & votes on contracts be in ES?

As a contract, every owner has the right to read it once executed.

The congressional votes that Richard refers to are in open meetings.

RichardP13 (California)
Posts: 3,868

Posted:

The OP concern was related to contract voting. While bids might be considered confidential, contracts are not.

So, when asked by a Board on where the vote should be done, I would refer to the Adams-Stirling site, which states:

Voting on Contracts. When it comes to approving a contract, the vote itself is probably part of "contract formation" and arguably can be done in executive session. However, the more conservative approach and for transparency purposes, boards should vote on contracts in open session.

SheliaH (Indiana)
Posts: 6,964

Posted:

When I was on the board, we usually said the board voted to do X or not. If someone abstained from voting, we would say who that is and the reason why (rarely happened, but when it did, it was some sort of conflict of interest). If someone voted against something, he or she is welcome to prepare a statement voicing his/her concerns which would be attached to the minutes.

I wouldn't worry about "creating disharmony" or otherwise when it comes to a board vote. If you have a variety of people serving with different backgrounds, why would anyone think they'll all think alike on anything? And if anyone wanted to know why I voted a certain way, I would tell them - I've always felt anyone should be able to go to any board member and get complete, accurate information about an association issue and why the board is taking a certain action or not. It doesn't mean you must or will always agree - hell, if you have a better idea, speak and we'll see what happens.

And contract situations shouldn't be private if they're related to association business, which is why they should be discussed and voted up during open meetings. If your board has that issue, you're doing something wrong and need to fix it immediately.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Yes, Richard, our CA HOA board Interviews prospective vendors and discusses them in ES. We do vote on the contract in an open meeting per the Davis-Stirling site's advice, which you quoted. At the beginning of the open meeting when we vote, the presider will state we interviewed vendors, discussed and deliberated in ES.

But I don't know SC's requirements and Davis-stirling only is for CA. I think, but am not sure that in FL, all aspects of contracts must be in open meetings?

We approve most small contracts in open meetings.

I still maintain that since Executive Sessions are private and confidential, the names and how they voted should not be available for owners or even the details of ES agenda item. This complies with CA law, but I don't know about , for instance, Indiana.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here