laser158689

What should Burton have done differently? Can exercising your rights under RONR be seen as "disruptive" to the Chair (and outside parties, such as members of law enforcement)? Many of the actions in 62 would appear "disruptive" without the context found there.

Thanks, all!

@Josh Martin This my local town legislature. Controlling docs are state law, the town charter and an amalgamated "rules" document that covers everything from duties of officers to meeting procedures (eg modified Point of Order) to a budget process (which is never followed), and several appendices of nice-to-know information. There is no distinction between rules that are bylaws, special rules of order, standing rules, etc. I was sloppy in referring to that rules document as "bylaws". Electronic voting will be available for members in-person via a "clicker". A voting website (but same system as the "clicker") will be available for members participating electronically. This is not a "ballot vote", as all substantive questions must have a recorded vote to meet state open meeting laws, and is more akin to the Roll-Call Vote. So, putting aside the bylaw vs other rules distinction, what sort of rules do we need to handle this sort of electronic voting? PS - I greatly appreciate the references!

Check your state law and your BOE bylaws.

Check your bylaws for provisions to do business outside of the Annual Meeting. My HOA bylaw include a section titled "Action Without a Meeting".

Are there any templates/boilerplate for including an electronic voting method into a set of bylaws? Best practices of things to include? Gotchas or known problems? For example, how detailed do the bylaws need to be? Do they need to describe checking in/out a device? A specific URL to use? Happy for any and all thoughts!

Following up on the applicable law angle, some states have provisions for these types of situations. Consult an attorney specializing in HOA law.

@Jim Slaughter Great podcast! Thanks for sharing!

Thanks!!

@Gary Novosielski Link to said "cheat sheets"?

Is the charity incorporated? There might be state law which also applies.

@Gary Novosielski Good questions. By-laws go back to the 80's and the developer. The building has trouble just getting a quorum at the annual meetings to elect Board members. Going through my learning journey about RONR, I'm not sure things have been done correctly - ever!

So, don't do it, but if you do do it, put it in the minutes? 😆 Thank you all!

@Josh Martin Thanks for the reply. Given 199 units in the building, a voice roll call seems like it will take quite a while!

Our HOA by-laws prescribe an Order of Business and the first item is "(i) Roll call;" I interpret that to be some way taking attendance. Thoughts on my interpretation and the manner of taking the "Roll call"? By voice only? Would check-in at the door be acceptable? Other methods?

Our by-law prescribed Order of Business includes various reports prior to actionable items, such as elections. If we do not have a quorum, should the reports be presented? Would the presentation of a report be noted in the Minutes?

Can an attorney participate in a meeting on behalf of a member? To what extent, eg speak, make motions, even chair the meeting?

Thanks for the opinions!

Our HOA bylaws say that "All elections of members of the Condominium Board shall be by written ballot..." Does 45:42 allow us to vote to use an electronic method if we pass such a motion, or does the word "written" preclude that option?

Anyone have experience with Honest Ballot? What role to they play in elections - Secretary for that meeting? Election inspector? They are offering an "online voting" option for my HOA election. Bylaws only allow "written ballot". NYS law also does not appear to allow this for an in-person meeting. They make no mention of this online voting being a type of proxy. Any thoughts on this or other way this would be authorized?

There are some limitations on how business can carry over from one regular meeting to the next if the term a specified portion of the body ends. That doesn't impact the definition of session, but follows from it.

RONR (12th ed.) 51:13-16

Are you sure of that? I don't think the answer is in RONR (bylaws, law, past practice, ?). A budget is a spending plan. You may spend more in some accounts than budgeted and less in others. Perhaps you simply need to reallocate cash among accounts - an accounting rather than budgeting process. You need to pay the bills, not change the plan, which isn't matching reality. If your budget number for each account is a hard cap, how have you handled this situation in the past? Or are you exceeding the total budget number, and now facing a revenue/cash issue?

Would it be in order to make a motion to include in the 2022 minutes a notation that the 2020 & 2021 annual meetings were not held due to the COVID restrictions?

Let me ask it a different way... How do you handle a document that is "too large" to fit in a resolution or that is "packaged" for outside consumption (heavy formatting, etc)?