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Can a budget approval vote be appealed?


Adriana

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Our POA Bylaws required our annual assessment to be approved by a majority vote of members attending the annual meeting or submitting proxies, provided a quorum is met.

One of the proxies that we received included the following special instruction:  

1.__Vote against increase of assessment or if already passed vote to appeal it.

Is there any such thing as an appeal on a vote if it is conducted properly according to the rules?

 If an appeal is allowed would we be correct in assuming that since the instructions did not request the proxy holder to make a motion, if no such motion is made and seconded following the budget vote, then the proxy holder cannot technically  vote to appeal the budget as instructed?

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The only time you could "appeal" a vote  --  or, more accurately, raise a point of order about the conduct of the vote  --  is right after the result is announced - p. 250.

You'll have to ask your proxy giver what he/she actually meant;  "appeal a vote" is not described in RONR as having any meaning.

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I'm guessing this guy wants the option of a Do-Over should the assessment increase be approved.  

Other than an appeal on procedural grounds is there ever any basis for this?

Is a proxy holder under any obligation to request clarification from the sender or is he /she just obligated to do their best based on their interpretation of the instructions?

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The unhappy guy is fee to offer amendments to the preciously adopted budget, next meeting, or whenever.  See RONR p. 305.

That's the nearest RONR comes to a "do-over" when everything is done right the first time.

RONR doesn't talk much about proxies at all, especially poorly written ones.

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5 hours ago, Adriana said:

Our POA Bylaws required our annual assessment to be approved by a majority vote of members attending the annual meeting or submitting proxies, provided a quorum is met.

One of the proxies that we received included the following special instruction:  

1.__Vote against increase of assessment or if already passed vote to appeal it.

Is there any such thing as an appeal on a vote if it is conducted properly according to the rules?

 If an appeal is allowed would we be correct in assuming that since the instructions did not request the proxy holder to make a motion, if no such motion is made and seconded following the budget vote, then the proxy holder cannot technically  vote to appeal the budget as instructed?

It probably meant to repeal it, which would make sense, from a parliamentary point of view, but that's not what it says, so it's just nonsense.

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