Tabling a Motion for later discussion

[Guest Bob M]

Hello. I am President of a small HOA Board. We recently lost a board member with no volunteers to backfill so we have only 4 board members. You guessed it we deadlocked 2 to 2 in a board meeting while voting on 2012 budget notification.

2 board members want to give the general membership the choice to pick a budget that would not change the dues and another choice of budgets that would reduce our dues (by reducing capital improvement adds)

2 board members want to follow our governing documents and just present the budget that the board alone decides on.

Our governing document say we have to establish a budget but the board does not have to get approval from the general membership unless the dues go up more than 15%.

I suspect one of the board members will make a motion at our annual meeting to try and force a vote to give the general membership a choice on two different budgets. They believe if a quorum exists then they can force the board to give the membership a choice.

I'm having trouble on understanding how to handle that situation as the president at the annual meeting.

I've purchased the book but not sure what section is most applicable.

Thanks

[dglynch]

Your first task here is to determine, based on a careful reading of your association's bylaws, who has the authority (and/or the exclusive authority) to set the annual budget. Depending on the exact wording, it may be the board, the membership, or either the board or the membership. This will let you know how generally to deal with such a motion: whether to admit it for debate, or rule it out of order.

Assuming you have the 11th edition, the pages in RONR that are most applicable are pp. 482-483, 577-578, and 586. These pages will hopefully help you properly interpret your bylaws. Also, some general principles of interpretation can be found on pp. 588-591.

[Trina]

Hello. I am President of a small HOA Board. We recently lost a board member with no volunteers to backfill so we have only 4 board members. You guessed it we deadlocked 2 to 2 in a board meeting while voting on 2012 budget notification...

Commenting just on this aspect of the post -- there was no 'deadlock' here, even though it may have felt like one. Whatever motion was voted on was defeated by the tie vote (if a motion doesn't gain a majority vote in favor, it is defeated, plain and simple). There isn't anything 'tabled for later discussion' as the title of your post suggests.

That doesn't answer your more important question about what to do if/when the topic is brought up at the annual meeting -- that, as Mr. Lynch described, depends on your bylaws.

[Guest Bob M]

Dan and Trina thanks so much. I have so much to learn. Could have saved myself 30 minutes last night of friendly debate by knowing a tie vote is a defeat.

Dan the by-laws are clear that the Board is to set the budget at a special called "Budget Meeting" of the board in November so I think I'm good there. I will read the sections you reference this evening.

Thanks again

Bob

Beginner President