Board vote taken after my internet connection dropped

Started by HubertB • 12 replies • 334 views

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HubertB (Arizona)
Posts: 12

Posted:

During a Zoom meeting my connection failed and I missed the last half of the meeting. I tried but was unable to reconnect, either by internet or by phone. I immediately sent an email to the other members indicating what had happened. I believe they received this email (according to my later conversion with another member). However, while I was disconnected, someone introduced an item not on the agenda, that had not been previously discussed, and the rest of the board members voted on this without me. My question... is this a valid vote? If a board member is present for the start of the meeting but then is drawn out of the meeting, for whatever reason, shouldn't the other members wait to hold discussions and a vote until that member can be contacted? I believe they could have at least emailed me while discussions were going on. Note that a quorum was still achieved w/o me.

Thanks
Hubert

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By HubertB on 06/02/2023 9:28 AM
During a Zoom meeting my connection failed and I missed the last half of the meeting. I tried but was unable to reconnect, either by internet or by phone. I immediately sent an email to the other members indicating what had happened. I believe they received this email (according to my later conversion with another member). However, while I was disconnected, someone introduced an item not on the agenda, that had not been previously discussed, and the rest of the board members voted on this without me. My question... is this a valid vote? If a board member is present for the start of the meeting but then is drawn out of the meeting, for whatever reason, shouldn't the other members wait to hold discussions and a vote until that member can be contacted? I believe they could have at least emailed me while discussions were going on. Note that a quorum was still achieved w/o me.

Thanks
Hubert

I say if they had a Quorum with you gone it was fine.

KerryL1 (California)
Posts: 14,550

Posted:

I may remember this incorrectly: In AZ HOAs, may only agenda items posted xx hours in advance of the open board meeting be discussed and voted on?

Whether or not the case, I tend to think JohnC is correct. There's no "legal" reason for the rest of the Board to wait for the return of any member who leaves the meeting to continue conducting its properly noticed business. Common courtesy may indicate otherwise.

Are you on the "outs" with the rest of the Board? Would your vote on any of the remaining agenda items have made a difference?

MarkM19 (Texas)
Posts: 1,459

Posted:

Hubert,
While I do not understand the way you presented this saying the item was not on the agenda. If this was the case, why was it even brought up at the meeting? How would you have voted based on what you know about the topic? Would your vote have made a difference? I get it that you would have liked to publicly ask questions and be part of the record, but would it have made a difference?

HubertB (Arizona)
Posts: 12

Posted:

Thanks for the responses. The "agenda" item was brought up by management concerning a basketball hoop which has been standing for quite some time (years) in a public area within the HOA (not on the owners property). The board decided to OK it, without an ARC request, or any input from the owner, for that matter. I believe this spur of the moment decision puts us at some liability in the case of injury, damage, etc. In addition, one board member is friends with the owner of the hoop, I and believe that member should have recused himself. Another member was brand new, this was their first meeting, so it's quite likely their vote was just to go with the flow. The vote was 4-1, but 3-1 with the recusal, and quite possibly 2-3 had I been present. I'll accept this for now, but again, I see some liability and possibly a denied insurance claim if something should happen.

MarkM19 (Texas)
Posts: 1,459

Posted:

Hubert,
Oh well you can't win every battle. I think you have made your case against and that is about all you can do in this case.

KerryL1 (California)
Posts: 14,550

Posted:

I think you're right to be concerned about liability especially if this board decision. And it also sounds like there were no supporting materials, for the Board to review, e.g., picture, drawings, etc., anything that would have helped the Board make an informed decision. From your description, the Board did not practice "due diligence" in considering this topic.

I'd also be concerned about your management staffer. But, first, is it true that agenda items must be posted xx hours in advance of an open meeting in AZ? If so, perhaps you want to remind the Board of this statute.

In addition, my HOA's declaration does not permit the board to permit the use of our Assoc. Common areas, e.g., allow any non-association equipment, furnishings. etc. to be permanently placed/installed, etc. on common areas without 67% of owners approving. What do yours say about this topic?

DeanJ
Posts: 1,786

Posted:

If this was so important, Why weren’t you at the meeting?

HubertB (Arizona)
Posts: 12

Posted:

Here's what the CC&Rs say:

"The Common Areas, title to which is held by the
Association, may not be alienated, released, transferred,
hypothecated or otherwise encumbered without the affirmative
vote of two-thirds (2/3) of the votes entitled to be cast by
each class of Members, except that the Association shall. at all
times have the right to grant and convey to any person or
entity easements, or rights of way, in, over, or under any
Common Area for the purpose of constructing, erecting,
operating or maintaining thereon, therein, and thereunder (1)
roads, streets, walks, pathways, driveways, parkWays,
recreational facilities and park areas..."

Also:

"In managing the Common Area, the Association
hereby accepts all responsibility for the control, maintenance,
safety and liability of such Common Area,"

I'm going to recommend to the board that we have the owner move the BB Hoop onto his property.

HubertB (Arizona)
Posts: 12

Posted:

Read the title...

LetA (Nevada)
Posts: 2,679

Posted:

Since your internet connection dropped, is there a phone-in option?

HubertB (Arizona)
Posts: 12

Posted:

Quote:

Posted By LetA on 06/09/2023 3:58 PM
Since your internet connection dropped, is there a phone-in option?

Yes, but I wasn't able to reconnect using the phone link, but I'm planning on stating with that for the next meeting. The Zoom software, while easy to start with, is not very good at recovering a lost connection.

SheliaH (Indiana)
Posts: 6,964

Posted:

Are you sure you used the right number? I seem to recall the last Zoom webinar I had for work listed several phone numbers and you used the one in or closest to your area code.

Anyway, as long as there was a quorum after you were accidentally disconnected, there's probably nothing you can do about board actions taken after that. You may have to chalk this up to some weird quirk. There are other virtual conference alternatives your board might want to try (e.g. everyone seems to have Microsoft Teams), so if it happens again, the board should consider those possibilities. It may all be a moot point anyway, since everyone's heading back to live meetings.

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

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