Quote:
Posted By TheresaS2 on 11/19/2018 6:51 PM
I am a new Board member. My question is are Board decisions final upon voting; or, if no action has been taken and more information is gathered can the motion be rescinded, discuss new information and re-vote on item.
I concur with what Tim and Kerry wrote. But also, might you perhaps be a bit confused on the process for making a board decision?
A director (an not a mere member) makes a motion on an item that is on the agenda and has been properly noticed.
Another director seconds the motion. If there is no second, then the motion "dies for a lack of a second"
Consideration of the motion now begins. This may include debate but certainly will include discussion. The motion may be amended, though there are specific rules for this.
After the President closes discussion (being fair to all directors who want to give input), a vote is taken.
If the motion passes, then for HOAs, I would say the decision (= a passed motion) is effective as soon as all members are properly noticed of the decision. Some decisions may have other legal obligations that must be met before they may be implemented. E.g. Boards often are permited to make a change to the Rules and Regulations (but not the covenants). Sometimes 30 days or more are required to pass after notice of the Rule change is made and the rule can be enforced.
If a board member, after further thought, changes her or his mind, then yes, the passed motion can be reconsidered, the old vote discarded, and a new vote taken. There are rules for this.
Robert's Rules of Order is Thee guide for all this. It's what many City Councils use. Some HOA's Bylaws specify using them.
Be fair and reasonable, and follow the governing documents and state and federal law, and you should be fine.