Guest Dorothy Posted February 24, 2012 at 04:39 AM Report Share Posted February 24, 2012 at 04:39 AM At the recent annual general meeting of our homeowners association a multi-part motion for which notice was given prior to the meeting was lost. At the end of the meeting someone from the floor introduced as a new motion one part of that defeated motion. What is needed to consider the motion won - a majority vote or a 2/3 vote? Our statutes clearly say one vote per household and to this end we are given voting cards. Both persons in the household can attend and speak at the meeting but the single card ensures one vote per household. The voting cards had been collected. The chair knew another vote was coming but did not stop the card collection. A vote was taken on the motion with no discussion. Hands were raised and there was no way to know if the one vote rule was being honoured. No count was taken. Is there a way to challenge this vote? Link to comment Share on other sites More sharing options...
jstackpo Posted February 24, 2012 at 10:49 AM Report Share Posted February 24, 2012 at 10:49 AM No, not after the fact. Link to comment Share on other sites More sharing options...
jstackpo Posted February 24, 2012 at 11:32 AM Report Share Posted February 24, 2012 at 11:32 AM Oh, and a majority was enough to adopt the "partial" motion.Next time wait to collect the voting cards until AFTER the meeting adjourns (but I suspect that suggestion has already occurred to you). Link to comment Share on other sites More sharing options...
Tim Wynn Posted February 24, 2012 at 02:26 PM Report Share Posted February 24, 2012 at 02:26 PM At the recent annual general meeting of our homeowners association a multi-part motion for which notice was given prior to the meeting was lost. At the end of the meeting someone from the floor introduced as a new motion one part of that defeated motion. What is needed to consider the motion won - a majority vote or a 2/3 vote? Our statutes clearly say one vote per household and to this end we are given voting cards. Both persons in the household can attend and speak at the meeting but the single card ensures one vote per household. The voting cards had been collected. The chair knew another vote was coming but did not stop the card collection. A vote was taken on the motion with no discussion. Hands were raised and there was no way to know if the one vote rule was being honoured. No count was taken. Is there a way to challenge this vote?The fact that you're asking about the vote requirement for a motion that was part of another motion for which previous notice had been given makes me wonder if there is something important about this motion that you're not telling us. Was this a motion to Rescind or Amend Something Previously Adopted or to create or modify a special rule of order? Was the motion adopted or lost? Link to comment Share on other sites More sharing options...
Guest Dorothy Posted February 24, 2012 at 05:10 PM Report Share Posted February 24, 2012 at 05:10 PM The original motion regarded several stages of a security plan involving diffent stages of fencing and gates. It was defeated. The motion from the floor was for one part of the security and that was a wall at the front of our community. It is a large expenditure. People had started to get up and leave complaining the meeting was so long and chaotic. They were walking and standing when the voted was called with no discussion. People put their hands up and walked out. Link to comment Share on other sites More sharing options...
Trina Posted February 24, 2012 at 05:28 PM Report Share Posted February 24, 2012 at 05:28 PM The original motion regarded several stages of a security plan involving diffent stages of fencing and gates. It was defeated. The motion from the floor was for one part of the security and that was a wall at the front of our community. It is a large expenditure. People had started to get up and leave complaining the meeting was so long and chaotic. They were walking and standing when the voted was called with no discussion. People put their hands up and walked out.And.. was the motion (the one for the front wall) declared adopted or lost? Link to comment Share on other sites More sharing options...
Guest Dorothy Posted February 24, 2012 at 05:36 PM Report Share Posted February 24, 2012 at 05:36 PM It was declared adopted. There was no count as the scrutineers had stopped working when the cards were collected. Link to comment Share on other sites More sharing options...
Tim Wynn Posted February 24, 2012 at 06:38 PM Report Share Posted February 24, 2012 at 06:38 PM It was declared adopted. There was no count as the scrutineers had stopped working when the cards were collected.Then, it was adopted. Link to comment Share on other sites More sharing options...
Guest Dorothy Brown Posted March 2, 2012 at 07:00 PM Report Share Posted March 2, 2012 at 07:00 PM We have taken the issue to our association lawyer and the motion has been rescinded because it was not on the agenda for the annual meeting. Link to comment Share on other sites More sharing options...
Guest Nancy N. Posted March 3, 2012 at 10:26 AM Report Share Posted March 3, 2012 at 10:26 AM Oh, who rescinded it? Link to comment Share on other sites More sharing options...
Guest Dorothy Posted March 7, 2012 at 12:29 AM Report Share Posted March 7, 2012 at 12:29 AM The lawyer told the board to so the board had declared it rescinded. Link to comment Share on other sites More sharing options...
Weldon Merritt Posted March 7, 2012 at 12:44 AM Report Share Posted March 7, 2012 at 12:44 AM The lawyer told the board to so the board had declared it rescinded.It appears that both the lawyer and the board assumed authority that was not theirs. The motion was passed by the general membership, so only the general membership can rescind it (barring some unusual provision in the bylaws that would authorize the board to do it). It may be that there is a legitimate reason the motion could be declared null and void (though that certainly is not apparent from the facts given so far), but even that must be done at a meeting of the general membership, unless the bylaws give the board the authority to do it. Link to comment Share on other sites More sharing options...
Guest Dorothy Posted March 7, 2012 at 02:24 PM Report Share Posted March 7, 2012 at 02:24 PM I may have used the wrong terminology. I have looked at the letter from the Ro and the lawyer has stated that the motion was invalid because statutes governing annual meetings are all about notice of the business to be conducted. A vote not listed as an agenda item leaves out all proxys as they were unable to give instructions to their representatives. I don't know how this would pertain to New Business if that was on the agenda. Link to comment Share on other sites More sharing options...
jstackpo Posted March 7, 2012 at 02:56 PM Report Share Posted March 7, 2012 at 02:56 PM A vote not listed as an agenda item leaves out all proxys as they were unable to give instructions to their representatives. Which, of course, is one of the reasons RONR inveighs against proxy votes (or voters) in the first place. The "instructions" problem is finessed. RONR doesn't require an agenda in the first place, but your state laws may say otherwise. That is for you and your lawyers to sort out. Link to comment Share on other sites More sharing options...
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