Wild Dunes

Thank you, Mr. Katz.

Our confusion in part is with the word officer as bolded. This could be construed as officer of the board, meaning any of our board members. We are concerned about one specific board member [officer] that happens to hold the office of secretary. Does 62:16 apply to the office of secretary interpretation?

To be sure I understand. We are removing a director from the office of secretary. That director will remain on the board. My understanding of what I have read so far in XX is that this chapter is speaking to removing a director from the board. What am I missing? Edited to add: and the board can take the action to remove the person from the office of secretary?

Thank you.

The term of office for Directors shall be two years commencing at the January Board of Directors meeting following the certification of the election and the seating of the new Directors.

Board members, who are association homeowners, are elected each year by the association members for a 2-yr term. The new board, once seated, elects its officers.

The majority of our HOA board would like to remove a difficult board member from officer role, but not from the board. Our bylaws speak only to removing a member from the board. Does RONR speak to that? I can't find the information. Thank you.

Thank you for your help.

Yes, our state and our bylaws require a 3-day advance notification.

Our HOA meets our 3-day advance notification of a board meeting by posting the agenda which includes all the meeting information as to place, time, along with other items of the day such as approval of minutes, unfinished and new business, etc. This agenda plus any packet information is also distributed to the board members at that time. If that agenda content is revised, posted, given to board members, the morning of the board meeting, does that revised agenda still meet the advance notice requirement. Thank you.

Thank you, Mr. Novosielski.

Is there a guide as to using the forum. I particularly have not been able to grasp how to reply, with or without quotes.

Thank you. I did misunderstand a previous post. I do apologize, I'm a RONR novice. No, no point of order was made and the motion was adopted and in effect. It will be on the next agenda to rescind.

Thank you for the reply that I have bolded. We will study this.

Yes, I understand the motion is defeated on a tie vote. Unfortunately, it was not ruled that way. Thank you for the clarification, it will come up in the next board meeting.

As I stated in my question, I understand it failed. Unfortunately, the chair's ruling was incorrect. Thank you for the explanation that the motion will have to be made again.

It should not have passed. It was a tie and should have failed but the ruling was incorrect. Thank you for your clarification.

A vote on a motion resulted in a tie vote. The tie vote was incorrectly adopted (announced it failed when it should have passed). How do we correct this? We are an HOA board and this is not covered by our Bylaws.

My apology for the delay in replying to your responses. Thanks to each of you for your responses which have given us a much needed understanding of this issue.

Mr. Novosielski: I apologize, but I haven't figured out how to use the quote option. From your reply: The paragraph you cited refers you to 9:27, where we learn: "Reading and approval of the minutes of an executive session must take place only in executive session, unless that which would be reported in the minutes is not secret. When the minutes of an executive session must be considered for approval at an executive session held solely for that purpose, the brief minutes of the latter meeting are, or are assumed to be, approved by that meeting." Clarification on the bolded line has been requested.

As I've shared in past posts, our HOA does things a bit differently from what is in RONR - and we're working on changes. In the meantime, we have a question on minutes of an executive session (ES). RONR 48:13 says minutes of an ES must be read and approved in ES. This is where our HOA has been doing things differently. We have an Agenda for each monthly board meeting. If there is business to be conducted in ES, ES is listed on the Agenda as an Agenda item. The board moves into a small room to conduct the ES and when finished moves back out to the main room and votes on items that require a vote from the ES. The motion does not contain any confidential information. The HOA's policy for ES minutes approval: >the minutes, without any confidential information shared, are included on the next regular board meeting agenda along with the minutes of the past month's minutes > those minutes are (hopefully) approved. If minutes are to be approved in ES only, at the next regular board meeting, we would be required to hold an ES simply to approve those minutes if there was no other ES business, and that would repeat month-after-month as there would be an ES and minutes would have to be taken and approved. The other option is to approve those minutes at the next ES which could be months' off. Our Bylaws do not speak to this.

Thank you, Mr. Novosielski. So well explained.

Thank you. That supports my interpretation. Now to continue search on breaking the tie, as the 8 members are eligible to vote, we don't have a tie-breaker position. Again, thank you, Mr. Brown, for your quick response. I always hope to get a reply from you.

We have an HOA board of 9 members. At the seating of the 2023 board, which will occur shortly, board officers will be elected - president, VP, Secty, Treasurer. One of our board members will be absent due to illness (COVID). That leaves us with 8 members present. Can the absent member give his proxy to vote for him, and if so, could it be to another board member or to one of our homeowners? Our bylaws do not speak to proxies for this situation; they do allow for proxy voting for the annual meeting, and this proxy requires specificity as to matters covered under the proxy and the member's signature to be notarized. A tie vote is anticipated for one particular office. If a proxy cannot be used, how do we break the tie?

Mr. Brown, Mr. Martin, I am in agreement as to RONR re not adopting an agenda at each monthly meeting. Unfortunately, this is our current procedure and just another one to be added to the list to get us more in line with RONR compliance.