Misrepresentation

Hoa in Florida. 5 member board. Posted meeting on 12/13/23 agenda stated discussion of Accounting Service. When presented to the members present we discovered it was a management company.Board members voted to accept. There was no input from members. Two members have since rescinded their votes. The third. Member was replaced by ballot at yearly election. New member not in favor of affirmative vote by board. Board President has refused to state conditions of contract and whether he has signed yet. Can this be legal under Florida law.

There was a lot of input but he stated board had all voted and adjourned the meeting while one of the members was speaking. Another board member said we ask too many questions!

Aren't you on the Board, Norma?

I am a former board member

Under certain conditons, HOA Board directors most certainly can, and sometimes should, rescind their vote.

Hence the bell can be unrung.

Deaner, yeah, we agree that under certain conditons, HOA Board directors most certainly can, and sometimes should, rescind their vote.

Dean is correct in both his posts. re: the procedure to "reconsider" a board decision made earlier in the meeting. In that case the motion to reconsider must come from a director who approved it at the meeting. A director cannot simply say at the meeting: "I change my mind." There must be a motion that is approved by a majority, and then a new vote on the topic. No notice is needed in this case because it already was an agenda time of business.

This must be on a board meeting agenda in states that require one/one posted in advance. A motion to "rescind" is used at a subsequent meeting and can be made by any director. If approved, the Board votes anew on the item of business. In many years on my Board, this is only the only the 2nd time we counted on Robert's Rules to guide us, and this particular procedure has been used several times over the years here.

(Robert's Not required for our Board meetings. The 1st time was a motion to correct minutes after they'd been already approved at a board meeting. The prez insisted they can never be corrected. Robert's, sensibly, says yes, they can.)

Is "Deaner" some name that has some meaning to you, elle?

yes, Boards can "undo" contract if not yet underway, but there is a procedure as I noted above. OR a board can craft its own procedure.

Board members may not simply jump up and say "I wanna vote no, now" The vote is over. A new motion would need to be made at minimum, i.e., the bell would need to be rung again.

I can't remember specifics, Elle, but have noticed some areas where Dean has been wrong in previous posts.

What's your point? You have been wrong. I have been wrong.

Every regular here has made mistakes. Own 'em (or not). Move on.

As for hypothetical Director Smith, still in a board meeting where a vote just happened, jumping up right after the board vote and declaring, "I want to reverse my vote" (perhaps because Smith just realized he was mistaken about xyz): I say if the stakes are high, the board had better (1) figure out the correct procedures to lawfully allow a "re-do"; (2) not take steps (like sign a contract) that would mean a new vote could not be taken; and (3) ultimately let the director vote according to his/her changed mind. Else liability concerns arise.

?

"Dean" did not even know votes could be reversed until I dragged it out of him.