Can motions be excluded from minutes?

[Robert G]

Good morning all.  I have a general question about procedure as it involves our HOA.  At our last annual meeting, a motion was made from the floor, overwhelmingly seconded, regarding rules for the current voting for board members.  (our state legislature recently changed some of the election laws that allow representatives of a person running, not the candidate to observe the count)  The board indicated they would not allow the observation of the count and denied the motion, as the rules for the count had already been approved in a prior board meeting.

The minutes were just released by the board.  The motion was excluded from the minutes.  When questioned, the board indicated that they determined that floor motion to be illegal and the motion was excluded from the minutes.  I am curios because I understood the minutes to be an official record of a meeting, good or bad.

1.  Is that allowed?

2.  Does that mean that any motion from the floor that evening, seconded, be excluded from the minutes, to include floor nominated candidates?  (two of the floor nominated candidates won seats on the board.)

 

Thank you in advance for clarifying

[Gary Novosielski]

Unless you have unusual rules, the annual meeting is a meeting of the membership, not a meeting of the board.  The board is not in session and for all practical purposes does not exist at that moment, and so cannot "rule" on anything.  The presiding officer can rule a motion out of order for certain reasons, which must be explained.  Did that happen?  If it did happen, the decision could have been appealed and the decision of the chair overturned by a majority vote.  Apparently that did not happen.

Apparently the board overstepped their authority, and the membership let them get away with it.

[Robert G]

Thank you for your response Gary.  Can they exclude the motion from the minutes when they vote on them at a board meeting? 

[Hieu H. Huynh]

The minutes are a record of what was done at the meeting. The membership could make a correction to those minutes.

[Robert G]

so basically, even if the motion was denied, it should be part of the official record of the meeting minutes?

[Hieu H. Huynh]

Yes.