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How to Remedy an Illegal Decision?

Guest Carol marie

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While I, a board member of an HOA, was out of the country, the Board met and made decisions about our 2014 budget.  One decision clearly is illegal in my state.  Does Roberts help me with a procedure to use at our next board meeting?


The appropriate procedure to use depends on why it was illegal. If it violated some procedural rule in applicable law, you could raise a Point of Order that the decision was null and void. The chair will rule on the point and you can Appeal from the decision of the chair if necessary. A majority vote is required to overturn the chair's ruling.


If it was not a procedural rule that was violated, then your best course of action is Rescind or Amend Something Previously Adopted. This requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.

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