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Unauthorized Rule


Guest Bill Watsonville

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Guest Bill Watsonville

At our HOA board meeting, a motion to accept a voting procedure policy was adopted. Contained within the procedure is a requirement that a private entity that has no association with the HOA must accept a ballot box to be used on their premises. Our governing documents are silent about this - there is no authorization for the action, and therefore there is no means of enforcing the rule. I wish to have this requirement deleted from the policy. How should I proceed?

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I wish to have this requirement deleted from the policy. How should I proceed?

 

If you think the motion is out of order (i.e. against the rules), a point of order to that effect should be raised.

 

On the other hand, if you just don't think it's a good idea . . . If you're a board member, make a motion to rescind the previously adopted motion. It takes a two-thirds vote, the affirmative vote of a majority of the (entire) membership of the board, or, with previous notice, just a majority vote.

 

If you're not a member of the board, or if the board is unwilling to rescind the motion, see Official Interpretation 2006-13.

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If the issue of a private entity being required to accept a ballot box is the only part of the policy that you are concerned about, you can use the motion to amend something previously adopted to remove just that part of the policy. The voting requirements for this motion are the same as for the motion to rescind that Mr. Guest referred to above.

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