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Voting Procedure2


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Our condo association runs on Robert's Rules. We are in a contentious situation regarding a loan. Today, we received a letter from a lawyer which states in part, "The vote will take place at the meeting. Unless a majority of all unit owners vote to approve or reject the proposed action, the meeting will be continued for the purpose of obtaining votes. The vote will remain open until enough votes are received to approve or reject the proposed action. Enclosed please find the meeting agenda, proxy and ballot. If you are not able to attend the meeting in person, please mail your proxy and/or ballot to [and then they give the name of our property managers and their address]."

     Is this a valid way to conduct a vote? If it is and if it isn't, could you please refer me to a page or section of R's R? Many thanks.

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Is this a valid way to conduct a vote? If it is and if it isn't, could you please refer me to a page or section of R's R?.

 

RONR is the low man on the totem pole (though we prefer to think of it as the foundation of the totem pole).

 

That is to say, your bylaws, your constitution, your articles of incorporation, and any other applicable local, state, or federal rules or laws supersede ("overrule") whatever RONR has to say on the question.

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The procedure you described is certainly not the procedure set out in RONR for conducting meetings and votes, but we cannot help you much without knowing more about what your bylaws say on the subject and on the subject of who has the authority to mandate such rules.  As Mr. Guest pointed out, state laws and your bylaws will supersede anything in RONR.

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