Votes and public disagreements with board members

I cannot find the reference now, but I recall reading, years ago, that all Board members, regardless if they voted to approve or disapprove an action, are responsible for the action unless they publish a letter of dissent to the members on that action. If they are doing something illegal or grossly negligent that could present personal liability, you might want to research that to protect yourself.

Jeff,
I have 2 thoughts on this matter. First is if I were you, I would call for a Roll Call vote on motions that you were challenging. The secretary should record everyone's vote in the minutes accurately.

The other thing I would suggest is at the regular meeting during the open forum when asked by the president if anyone has any questions or statements for the board, I would raise your hand and speak openly. You are a homeowner and have the same rights as everyone else to speak during this time. It sounds like you are in the minority so it not likely you can harm a relationship more than it already is at this point.

Even if you're outvoted, the president should ask "all in favor" and "all opposed" when a vote is taken on a motion,, even if everyone, including you, votes for or against. If you're the only no vote, that should be reflected in the minutes. The minutes could list the number of people who voted for or against or you could take Mark's suggestion for a roll call vote. However,, that could make for a long meeting,, do I might save that request for really controversial issues.

Either way, people will find out who voted against a motion- if it's you and they ask why, be honest and stick to the issue and leave personality out of your response. Time will tell soon enough if you were right - and if you're proven wrong, that's OK, too. Board members need to use their best judgment and that doesn't mean groupthink.

If you really feel strongly about a subject, you could prepare a one page statement and ask that it be attached to the minutes, but that will also require a board vote, so if you lose that, I'd let my vote be reflected and leave it at that.

It might not make you popular with some of your fellow Board members, but (as others have noted) get your contrary vote recorded in the meeting minutes.

Bill

Simply ask that your objection be noted in the minutes.
If desired, add the (short) reason.

I think respectfully arguing your case with other board members when you disagree is healthy, and shows homeowners who stands for who.

I think respectfully arguing your case with other board members when you disagree is healthy, and shows homeowners who stands for what.

It's David of DE who says the Board should work out their votes in advance of the Board meetings, which is agains the law in CA and I think in DE, where open board meetings also are, I believe, required. This means a quorum of the board may NOT decide a matter in advance of the meetings. I think in Texas too. No wonder David has been unhappy with the PM for such a long time.

Many PMs and Board attorneys do advise directors not to run around AFtER a meeting complaining to owners that the Board vote was wrong or stupid, blah, blah. After the meeting, the Board should present a united front. This advice is very common and I think our Board even has on its code of ethics that members shall support the decision of the board majority or some such.

The first place is to disagree, Jeff, is during the discussion that occurs after the motion and before the vote. The second place to disagree is to vote no. All our board votes are roll call in the sense that when the president asks, "All in favor,' anyone can see the raised hands. Parliamentary procedure of any kind states that the presider must ask if there are any "nay" votes even when they see all hands raised in favor. When there are nay votes, their names are listed in the minutes so it's clear to anyone that you voted against the motion. There's no requirement, however, to do that.

So how will you convince the Board to instruct the president to ask for "any opposed?" And Unless your Board votes on an agenda item that the director's reason for voting no must be recorded in the minutes there is, so far as I know, no requirement to do that.You can sure try.

Open Forum is for Onwrs and in our Board, the presider takes all non-directors's questions, remarks, first. Wrh they're finished, a board member occasionally has an announcement or brief remark. You, Jeff, could express opposition again, but you already have at least twice. So, what's the point? Only a fraction of most HOA's members attend and th open forum materials are not recorded in the minutes since NO business can be conducted during that period.