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  1. George, Pg 471 (20). The Board specifically "named" the owner for disciplinary actions in the letter distributed at the meeting and then read the letter out loud. Once "named" isn't the Secretary required to include it in the minutes? Is it only the letter that should not be included in the minutes? What about reading the letter at the meeting? Should that action be excluded as well? Many thanks. Nancy
  2. During the Annual Meeting of our Condo Association, the President distributed a letter about an owner. He had the Vice President read the letter out loud to all in attendance. I assumed the reason the Vice President read the letter out loud during the meeting was to make it a matter of record. The letter contained many false statements about the owner. When the minutes of the Annual meeting were published, there was no mention of the letter or that it had been read during the meeting. Can the Board Secretary deliberately omit the letter and the actions of the Board from the minutes? Before the minutes are approved by the membership, can a motion be made to correct the minutes. If so, how does the owner word the motion to add the missing letter? Many thanks. Nancy
  3. Thank you for all your comments. I can assure you that Josh is correct; the violation was not "minor". I was defending myself from false statements made in a letter that the Board distributed during the meeting and the Vice President read out loud for all in attendance. I was not shown the letter before the meeting and it was not on the Agenda. The letter was libelous and once read probably became slander. I have talked to the President about adjourning the meeting while I was speaking and he insists he did no wrong. Again, thank you for the time you spend on answering these questions. They are very helpful and I appreciate all the work you do. Nancy
  4. I attended our Annual General Meeting for our Condo Association. I waited patiently while other owners were recognized by the President to rise and take the podium. When the President recognized me, I stood, took the podium and started to speak. After about a minute and while I was speaking, the President took a motion from the floor to adjourn the meeting. I promptly told the President numerous times that I had not yielded the floor. He ignored me and took a vote. The meeting was adjourned and I was left standing at the podium. Can a meeting be adjourned while a member is speaking and the member has not yielded the floor to the chair? I do have a copy of Robert's Rules of Order 11th edition, but it doesn't answer my question since in this case I already had the floor. Page 240 (5) If the chair learns, immediately after declaring the assembly adjourned, that a member seeking the floor for one of these purposes had risen and addressed the chair before the adjournment was declared, then, since the adjournment was improper and this breach was promptly noted, the chair must call the meeting back to order---but only long enough or the purpose for which the member legitimately sought the floor. Many thanks. Nancy
  5. I just attended an annual meeting for a Homeowners Association where a motion was made by an owner and seconded by another owner. During discussion and before 3 other owners were recognized (they were holding their hands-up waiting to speak), another owner made a motion to table the first motion until a later date when more information could be obtained. I objected because 3 owners were waiting to speak, this was a subject that had been discussed before and the next meeting for all owners will not take place for 6 months. The President said my objection was overruled because a motion to table will always replace the first motion! The President would not call a vote on the first motion, but called a vote to table. The vote to table passed. Is this correct? Now it gets worse. In two weeks, the Board of Directors will meet and they intend to vote on the matter that was tabled; meaning the owners will not have an opportunity to vote on the initial motion. I believe the President is using Robert Rules of Order to manipulate the outcome of votes. Can the Board of Directors vote on the initial motion in two weeks? Or, must the Board of Directors bring this motion back to the owners for their vote? Nancy
  6. An officer of our Condo Association Board drafts a document, obtains agreement from the majority before the meeting, presents the document at the meeting and motions for a vote. He knows it will pass because he has already determined who will second the motion and has secured the majority votes. Currently, in less than 24 hours I must vote at a Board meeting on a document that I have NOT seen; let alone have time to review and complete my fudicary duty and due diligence as a Board member of the Association. Is there anything in Robert's Rules that says any documents or forms must be presented X number of days before a meeting? Nancy
  7. In response to Daniel Honemann. Our HOA governing documents do not place this within the control of the Board. If it did, then why even ask for the vote? When is a vote of the membership valid? We asked for their vote. They voted. We then say "never mind" we don't like the way you voted. I contend that the motion to change the owners vote, once solicited, recorded, and announced is an improper motion.
  8. Thank you so much your time on this holiday. To answer your questions. 1. Supposedly, it was the President of the Board who made the announcement during the meeting. 2. The board member didn't like the color selected by the membership, she wanted a blue-gray color and made the motion to change the color at a Board meeting two months later. The board voted to adopt her motion over my protests. This is from an email sent by the Board Secretary regarding our Annual Meeting. It says nothing about the vote being informational. You will see that we will be voting on both the building color and uniform entryway design. The Board has selected 4 colors to be voted upon. A swatch of each color is in the packet sent by USPS. For those of you anxious to look at the colors, here is a link to each: Sabre Gray http://www.benjaminmoore.com/en-us/paint-color/sabregray Oatbran Tan http://m.valsparpaint.com/color-chip.php?id=2505&g=1017&r=lowes Sage Green http://m.valsparpaint.com/paint-chip.php?cnum=6006-5B&id=2517 Monsoon Blue http://www.myperfectcolor.com/en/color/61179_Pratt--Lambert-1284-Monsoon#prettyPhoto/0/ This is from the cover letter sent to the members. It says nothing about the vote being informational. At the AGM we will be asking for your vote to determine the basic color for the buildings (of course, we need to figure out how to pay for it.) I have enclosed four color swatches for your consideration. In order to avoid confusion, we are not enclosing all the companion trim colors, etc. These building colors will be presented for viewing at the AGM. But, for those of that want some time to think over the choices, or to notify in advance your designee you've appointed pursuant to your proxy, here they are 1. a Gray color (slightly darker than our present color); 2. a Nautical Blue color; 3. a Sage Green color and 4. Tan Oak color. This is from the adopted agenda for the Annual Meeting. Again, it says nothing about the vote being informational. 8. New Business: c. Vote on Building Color This is from the minutes of the Annual meeting. The result of the vote was announced at the meeting. It says nothing about the vote being informational. Building Color & Entryway Design: Owners had been provided with 4 paint colors and estimated painting costs to consider for the buildings (Sabre Gray, Oatbran Tan, Sable Green and Nautical Blue). In addition they were presented with photos and renders of the various entryway designs and options (and costs) since we have at least 4 differing looks at present. Each owner was presented a ballot to use to vote for his or her choices. The ballots were collected and the tabulation of those votes was as follows: Color: Gray 29 Votes Tan 16 votes Green 3 votes Nautical Blue 1 vote Light blue/gray 1 vote Same Color 1 vote
  9. Happy New Year! For the HOA Annual General Meeting our Board of Directors mailed the membership paint chip colors, architects renderings of the colors, and included ballots to select the paint color. It was also an agenda item. The membership voted their ballots, absentee votes were counted and the votes were announced at the meeting with one color overwhelming in the majority. The results of the vote were included in the minutes. Two months later a Board member at a Board meeting made a motion to change the paint color. When I questioned whether the Board could override a ballot vote by the owners, I was told that it was announced at the meeting that the vote would be only informational. I do not recall that statement being made and it wasn't stated in the minutes. Since we had votes that were mailed-in, the absentee owners would not have heard that announcement. I believe it was an improper motion for the Board to change the owner's vote. Is there any case where a ballot vote can only be informational? To me an "informational" vote is reserved for a show of hands. Many thanks and I really appreciate your responses.
  10. I found this section in the 4th edition. Is it still valid in the 11th edition? Is so please cite the Chapter and Page. Many thanks. Nancy 47. Votes that are Null and Void even if Unanimous. No motion is in order that conflicts with the laws of the nation, or state, or with the assembly's constitution or by-laws, and if such a motion is adopted, even by a unanimous vote, it is null and void.
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