Guest Patricia Posted April 2, 2017 at 12:59 AM Report Share Posted April 2, 2017 at 12:59 AM My HOA sent out a vote to change the convenants. 75% of voters is needed to pass. A deadline of Oct 20,2016 was set to have the vote completed. Five months later we are informed that they are still trying to get people to return their ballots. Can you extend the vote 5 months until you get the result you want? What would Roberts Rules do? Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted April 2, 2017 at 01:22 AM Report Share Posted April 2, 2017 at 01:22 AM Roberts Rules would defer to your customized rules regarding, I'm guessing, voting by mail. What do those rules say about how to set the time when such a vote ends? Quote Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted April 2, 2017 at 11:21 AM Report Share Posted April 2, 2017 at 11:21 AM 10 hours ago, Guest Patricia said: Can you extend the vote 5 months until you get the result you want? What would Roberts Rules do? See Section 30, "Motions relating to methods of voting and the polls" (page 283). On page 286, under the paragraph "Closing or re-opening the polls", The Book says that the polls can be re-opened by majority vote. There is your answer. If you had a majority vote to open the polls or re-open the polls, then no rule of Robert's Rules of Order will have been violated. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted April 2, 2017 at 06:22 PM Report Share Posted April 2, 2017 at 06:22 PM 6 hours ago, Kim Goldsworthy said: See Section 30, "Motions relating to methods of voting and the polls" (page 283). On page 286, under the paragraph "Closing or re-opening the polls", The Book says that the polls can be re-opened by majority vote. There is your answer. If you had a majority vote to open the polls or re-open the polls, then no rule of Robert's Rules of Order will have been violated. I think it is important for Guest Patricia to keep in mind that if it was the general membership that set the deadline for returning ballots, the board likely has no authority to change what the general membership adopted at a membership meeting. If the board set the deadline, then perhaps the board can change it. But, if the deadline was set by a vote of the membership, only the membership can change it unless the bylaws or state law grant the board supreme power to reverse a vote of the membership. Quote Link to comment Share on other sites More sharing options...
Alexis Hunt Posted April 3, 2017 at 03:00 AM Report Share Posted April 3, 2017 at 03:00 AM I would say that in the case of an HOA, it is quite possible that the relevant rules are prescribed by law and, therefore, it may be worth consulting a lawyer on the point. Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted April 3, 2017 at 03:26 PM Report Share Posted April 3, 2017 at 03:26 PM WWRRD? I think we have a new t-shirt design! What I would do is call a special meeting of the HOA membership according to the relevant provisions of your bylaws/covenants/articles. Unless your rules give the board exclusive authority to conduct the vote, your assembly can direct the board to close the polls now or set a firm deadline. Quote Link to comment Share on other sites More sharing options...
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