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JimH29 (Florida)
Posts: 63
Posted:
If a Motion is not Seconded at a HOA Board Meeting, does it need to be in the official minutes of the meeting?

TIA
KerryL1 (California)
Posts: 14,550
Posted:
Yes. All motions and their outcome should be in the minutes. X made a motion to yyyy. As there was no second, the motion died.

Now, that's if your Board requires seconds. I believe Robert''s Rules of Order for small boards suggests swords aren't required for small bard.
FredS7 (Arizona)
Posts: 927
Posted:
I agree that swords should not be brought to the board meeting.
AugustinD
Posts: 5,144
Posted:
I feel a HOA should put all motions, whether seconded or not, into Minutes. In part, this may offer some legal protection to directors who are trying to do the right thing. E.g. suppose a certain HOA's governing documents and state law require the HOA to have liability insurance. Yet the HOA has never had liability insurance. A director motions to obtain bids for this insurance. The motion dies for lack of a second. Two months later, there is a terrible slip and fall due to a sidewalk uplifted by tree roots, all on common element land. Medical costs alone are over $75,000. The owner's Medicare sues the HOA. There is no insurance. The one director who motioned to obtain insurance should be at least partly excused from litigation.

Also, directors should be permitted to use their non-seconded motions in campaigns. Whence documentation is important.
KerryL1 (California)
Posts: 14,550
Posted:
Nice explanation, Augustine.
JimH29 (Florida)
Posts: 63
Posted:
Follow-up question...can a resident make a motion at a board meeting?

At a recent HOA board meeting, the chair of the lawn committee made a motion and the motion was seconded by another member of the audience.

Discussion was had by the board and a vote ensued. The subject was about a chair of a committee who resigned and submitted a resignation letter. The motion was to include the letter in the monthly packet that is delivered to all residents.

The board voted against including it in the monthly packet.

After the fact, the board decided that the motion from the chair was illegal and choose not to include it in the minutes.

How should the board have handled this?

TIA
JimH29 (Florida)
Posts: 63
Posted:
Follow-up question...can a resident make a motion at a board meeting?

At a recent HOA board meeting, the chair of the lawn committee made a motion and the motion was seconded by another member of the audience.

Discussion was had by the board and a vote ensued. The subject was about a chair of a committee who resigned and submitted a resignation letter. The motion was to include the letter in the monthly packet that is delivered to all residents.

The board voted against including it in the monthly packet.

After the fact, the board decided that the motion from the chair was illegal and choose not to include it in the minutes.

How should the board have handled this?

TIA
GenoS (Florida)
Posts: 4,276
Posted:
"This is a Board of Directors meeting and as such only Directors may make motions, second motions, and vote on motions. We will take your suggestion under advisement."

Where is this monthly packet described and authorized? In your Bylaws, perhaps? Regardless, it becomes an official record of the association and any owner has the right to see it upon written request.
KerryL1 (California)
Posts: 14,550
Posted:
With Geno, this is a meeting of the Board, so only directors should make motions. BUT, I do think there's room in Robert's Rules of Order for committee chairs to make motions. But I'm not sure & don't have time to look it up. I also don't know if your Board follows Robert's Rules. Even so, no other committee member may make a motion at a meeting of the Board.
SueW6 (Michigan)
Posts: 814
Posted:
Committees are usually advisory in nature. The chair of the committee can't make a motion at a meeting that is not his/hers.

The committee chair can only make a recommendation during his/her report to the board. A board member then makes the motion.

BenA2 (Texas)
Posts: 1,273
Posted:
I agree with the board that it should not be included in the minutes as a motion because only board members can make motions at a board meeting (unless your governing documents say differently, which would be unusual) so technically, a motion was not made.

They could include a statement that the chair of the lawn committee suggested or asked, or even that he or she tried to make a motion but it is not allowed.

You should be careful not to give the impression that you are changing the minutes to cover up a mistake that was made. In this case, it probably doesn't matter since the motion did not carry but if an action had been taken improperly, the best thing to do is reflect it in the minutes and correct the error at the next meeting.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jim

My understanding is that only BOD Members can make a Motion at a BOD Meeting.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Got confusing for me based on some answers ...

Only members of the Board may make motions.

I would still include the attempted motion by the community member in the minutes ...learning tool for others, but most importantly, it provides content and context of what happened ...also provides the truth if a community member says the Board wouldn’t let them talk.

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