JohnH18 (Georgia)
Posts: 17
Posts: 17
Posted:
Is it appropriate to vote by email on official BOD issues? In particular, removal of a committee member.
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
voting by email
Started by JohnH18 • 8 replies • 1451 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Only if it allowed in your bylaws.
But, IMHO, removing a board member deserves a live meeting. All parties deserve the right to be heard and live debate on the issue.
But, IMHO, removing a board member deserves a live meeting. All parties deserve the right to be heard and live debate on the issue.
JohnO6 (Georgia)
Posts: 424
Posts: 424
Posted:
Susan - to clarify, he said Committee member, not Board member. That's a different level of accountability. Board members are elected by the owners whereas committee members are appointed by and serve at the pleasure of the BOD.
You'll notice, that while pointing this out, I've cleverly not answered the original question
You'll notice, that while pointing this out, I've cleverly not answered the original question
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Quote:
Posted By JohnH18 on 11/02/2009 9:31 AM
Is it appropriate to vote by email on official BOD issues? In particular, removal of a committee member.
Is it appropriate to vote by email on official BOD issues? In particular, removal of a committee member.
Yes, if your Bylaws allow. However, it is a good policy to defer all items which can wait until the next Board meeting. Following is an example:
6.7 Action Taken Without a Meeting.
The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting if a notice stating the action to be taken and the time by which a Director must respond is transmitted in writing or via electronic transmission to each member of the Board and each Director, by the time stated, votes for or against, or abstains or fails to respond provided that no Director demands the action not be taken without a meeting. Any action so approved shall have the same effect as though taken at a meeting of the Directors. Such actions shall be recorded in the minutes of the next Board meeting.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Sorry - this sinus infection is getting to me. Yes, I see it is committee member.
Whomever appointed the committee member, can remove him/her. So if the chairperson of the committee put together the committee, simply remove the member; no board meeting is needed.
If the president appointed each member, he/she can un-appoint them, too.
No motion is needed at the committee member level, unless the entire board voted in each committee member.
Whomever appointed the committee member, can remove him/her. So if the chairperson of the committee put together the committee, simply remove the member; no board meeting is needed.
If the president appointed each member, he/she can un-appoint them, too.
No motion is needed at the committee member level, unless the entire board voted in each committee member.
JohnH18 (Georgia)
Posts: 17
Posts: 17
Posted:
SusanW1,
We do not have enough volunteers available for us to have the ability to appoint residents to committees. All volunteers are given the option of joining the committee they are interested it. No actual appointments are made by the BOD. I guess this really doesn't matter as far as removing a volunteer. I guess since they are not a board member, they are not entitled "to be heard" at a board meeting and given the opportunity to respond to the reasons given by the board for asking them to resign. In this case, it was a majority vote..not unanimous vote. It also seems to be personal, since their offense is not the first time this action was taken by other committee members and a board member in the past. Thanks for all the input.
We do not have enough volunteers available for us to have the ability to appoint residents to committees. All volunteers are given the option of joining the committee they are interested it. No actual appointments are made by the BOD. I guess this really doesn't matter as far as removing a volunteer. I guess since they are not a board member, they are not entitled "to be heard" at a board meeting and given the opportunity to respond to the reasons given by the board for asking them to resign. In this case, it was a majority vote..not unanimous vote. It also seems to be personal, since their offense is not the first time this action was taken by other committee members and a board member in the past. Thanks for all the input.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
John,
In AZ it would be a violation of the HOA open meeting law! Any business conducted by a quorum of the board is regarded as a meeting and must be properly noticed.
If, however, it would not be a violation of your gov docs or state law, I would certainly advise retaining all emails containing a board member's vote and the vote tally should be mentioned at the next board meeting so it will be a matter of the official record.
In AZ it would be a violation of the HOA open meeting law! Any business conducted by a quorum of the board is regarded as a meeting and must be properly noticed.
If, however, it would not be a violation of your gov docs or state law, I would certainly advise retaining all emails containing a board member's vote and the vote tally should be mentioned at the next board meeting so it will be a matter of the official record.
JohnH18 (Georgia)
Posts: 17
Posts: 17
Posted:
Thanks MaryA1
JeanneK3 (Maryland)
Posts: 562
Posts: 562
Posted:
It definitely is illegal in Maryland. All HOA and Condo board decisions must be made in open meetings. Jeanne
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here