Voting at Hoa Meeting

Started by JeanS5 • 4 replies • 1356 views

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JeanS5 (Florida)
Posts: 2

Posted:

Our Rules committee wanted to present us with a new set of rules to be voted on at
our HOA meeting without us having a chance to vote on whether we liked each individual rule change. We unanimously liked everything except one rule but were told that we would have to vote this next week for the whole package 'yes or no'
We want to delay the vote until we can vote on the changes and then vote on the package. THey say we can't stop the vote. Is either of these statements true

TimB4 (Tennessee)
Posts: 21,061

Posted:

Jean,

Not knowing what your governing documents say on how rules are to be adopted, it is difficult to provide advise.

In general there should be a discussion period before the vote. The this would be the time to discuss the section and try to have it modified. If the board does not wish to modify it (or can't according to your governing documents) recommend to the membership that they disapprove the entire package based on that one rule.

Question - your posing included "we" a lot. Does we mean the membership or the board?

If "we" means the membership - you should start now getting proxies or encouraging the measure to fail. Otherwise it is possible it can easily pass.

If "we" means the Board - Not knowing what your adopting policies are, the Board should be the ones in charge and should either modify the presentation so the rules are presented one at a time vs. as a package or they should postpone the meeting and instruct the rules committee to make changes.

Hope this helps,

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

If your HOA follows Roberts Rules you can presnet a motion to split the vote into separtate motions. Each amendment would have its own vote. This is called Divison of the Question.

Or - You can also propose a motion to vote on amendment #4 separately.

This must be cone before the voting begins.

The Board was wrong to lump separate amendments into one lump sum. Don't let them get away with it.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jean,

We are not sure if you mean RULES or AMENDMENTS. You are saying RULES and if that is what they are, then the Board does have the right to adopt them as they stand. Normally rules are not voted on by the members so please clarify this for us.

Any rules or amendments must be sent to the membership 14 days prior to a vote, which gives members a chance to review them and act if there is something that is troublesome to the members.

If these are amendments, then each one must be voted on seperately as this is how the Statutes require this to be done. Please let us know what you are referring to. The Board cannot group them together as one.

Susan, If Roberts Rules are used for meeting dequorum, any voting procedures are only followed thru the meeting Statutes and R.Rs are not the relevent.

JeanneK3 (Maryland)
Posts: 562

Posted:

Jean5S:
Given that your board is being uncooperative, I would encourage your neighbors to vote no to the entire set. I'll echo another concern; are these rules or are these bylaws changes?
Sounds really heavy-handed to me.
Jeanne

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