Guest Iris Long Posted May 28, 2011 at 08:54 PM Report Share Posted May 28, 2011 at 08:54 PM Hello, I was just wondering, since I am a delegated (not elected) Secretary of a Homeowners Association - what if any voting rights does the Delegated person have in terms of voting on the Board? Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 28, 2011 at 09:00 PM Report Share Posted May 28, 2011 at 09:00 PM Hello, I was just wondering, since I am a delegated (not elected) Secretary of a Homeowners Association - what if any voting rights does the Delegated person have in terms of voting on the Board?As far as RONR is concerned a member is a member with all the rights of a member (including the right to vote) whether they are delegated, elected, appointed, or anointed. Of course your bylaws may say differently (assuming that you are a Board member to start off with) so you should look to them for an answer. Link to comment Share on other sites More sharing options...
hmtcastle Posted May 28, 2011 at 09:02 PM Report Share Posted May 28, 2011 at 09:02 PM I was just wondering, since I am a delegated (not elected) Secretary of a Homeowners Association - what if any voting rights does the Delegated person have in terms of voting on the Board?As far as RONR is concerned, if you're a member of the board you have all the rights of membership (e.g. attend meetings, make motions, and vote) regardless of how you got there. If you're not a member of the board, you don't.The fact that you're the secretary of the association (or even the secretary of the board) does not necessarily mean you're a member of the board. You might be . . . you'll have to check your bylaws. If they (or some other rule) doesn't say you are then you're not. Link to comment Share on other sites More sharing options...
Guest Iris Long Posted May 28, 2011 at 09:07 PM Report Share Posted May 28, 2011 at 09:07 PM As far as RONR is concerned a member is a member with all the rights of a member (including the right to vote) whether they are delegated, elected, appointed, or anointed. Of course your bylaws may say differently (assuming that you are a Board member to start off with) so you should look to them for an answer.Thanks for the reply. To clarify: the Board should have a Secretary...there is no permanent secretary, and I left the position withour a replacement (so the position is vacant) - delegated or otherwise (preferably elected). Can the Board still be considered legitimate if it is unable to provide minutes? Link to comment Share on other sites More sharing options...
hmtcastle Posted May 28, 2011 at 09:25 PM Report Share Posted May 28, 2011 at 09:25 PM Can the Board still be considered legitimate if it is unable to provide minutes?Yes but . . . without minutes there will be no official record of its decisions. If there's no "permanent" secretary, a secretary pro tem (a temporary secretary) should be elected at the start of each meeting. This would typically be a board member (especially if/when the board meets in executive session) but it needn't be. Link to comment Share on other sites More sharing options...
Guest iris long Posted May 28, 2011 at 09:32 PM Report Share Posted May 28, 2011 at 09:32 PM Thanks for that reply - it clarifies a lot. If the Secretary pro tem is a Board member, does he/she have a vote? Link to comment Share on other sites More sharing options...
hmtcastle Posted May 28, 2011 at 09:39 PM Report Share Posted May 28, 2011 at 09:39 PM If the Secretary pro tem is a Board member, does he/she have a vote?All members have all the rights of membership (with the rare exception of a member who is under disciplinary sanctions). Link to comment Share on other sites More sharing options...
Guest iris long Posted May 28, 2011 at 09:49 PM Report Share Posted May 28, 2011 at 09:49 PM Thanks again for the reply. Here's the issue, also: The organization really needs a permanent secretary, so how to keep the "secretary pro tem" from going ad infinitum? Bylaws? Link to comment Share on other sites More sharing options...
hmtcastle Posted May 28, 2011 at 09:58 PM Report Share Posted May 28, 2011 at 09:58 PM The organization really needs a permanent secretary, so how to keep the "secretary pro tem" from going ad infinitum? Bylaws?Well, we first need to distinguish between the secretary of the organization and the secretary of the board. They might be the same person or not. In any event, there are two "essential officers" required for every meeting, a presiding officer (e.g. the president or chair) and a secretary. These might be officers defined in the bylaws or they might be pro tem positions which can change from meeting to meeting. I think it's safe to say that most organizations take the first approach. Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 28, 2011 at 09:59 PM Report Share Posted May 28, 2011 at 09:59 PM Thanks again for the reply. Here's the issue, also: The organization really needs a permanent secretary, so how to keep the "secretary pro tem" from going ad infinitum? Bylaws?Are you saying that the bylaws don't provide for a Secretary for Board meetings or makes someone the ex officio Secretary of the Board? If not then you all should amend the bylaws ASAP to establish one. Link to comment Share on other sites More sharing options...
Guest iris long Posted May 28, 2011 at 10:20 PM Report Share Posted May 28, 2011 at 10:20 PM Point of clarification, please...If the designated secretary is a member of the body but not the Board and acting at the Board meetings, does he/she still have the right to vote on the Board in the Board meeting? Link to comment Share on other sites More sharing options...
hollygolightly Posted May 28, 2011 at 10:36 PM Report Share Posted May 28, 2011 at 10:36 PM also, as a follow-up - can the President appoint a member of the body (in this case a Homeowner's Association)as a Board member/Secretary? Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 28, 2011 at 10:46 PM Report Share Posted May 28, 2011 at 10:46 PM Point of clarification, please...If the designated secretary is a member of the body but not the Board and acting at the Board meetings, does he/she still have the right to vote on the Board in the Board meeting? Members of the body which is meeting have a right to vote. People who are not members of the body which is meeting DO NOT have a right to vote (in fact nonmembers voting can render a vote null and void if the number of nonmembers who voted could have affected the result of the vote [RONR p. 244d, p. 255]). Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted May 28, 2011 at 11:09 PM Report Share Posted May 28, 2011 at 11:09 PM If the designated secretary is a member of the body but not the Board and acting at the Board meetings, does he/she still have the right to vote on the Board in the Board meeting? No.A volunteer, or a pinch hitter, (a "secretary pro tem") is NOT HOLDING OFFICE.The absent Secretary is still Secretary, and still a member of the board.No temporary "secretary pro tem" TAKES OFFICE as "the" Secretary.There is no vacancy in the office of Secretary.There is no "empty seat" of board composition.The volunteer/pinch-hitter is just doing a task as a favor for the board, and NOT as a member of the board. Link to comment Share on other sites More sharing options...
Josh Martin Posted May 30, 2011 at 03:24 PM Report Share Posted May 30, 2011 at 03:24 PM also, as a follow-up - can the President appoint a member of the body (in this case a Homeowner's Association)as a Board member/Secretary?Only if your Bylaws grant the President that authority. Link to comment Share on other sites More sharing options...
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