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Guest Steve

Board failed to vote.

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Guest Steve

A Board moved adoption of the agenda and to approve the Consent Agenda Items. After, debate the Board did not vote and the Clerk failed to catch the error. What is the proper course to correct the error?

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26 minutes ago, Guest Steve said:

A Board moved adoption of the agenda and to approve the Consent Agenda Items. After, debate the Board did not vote and the Clerk failed to catch the error. What is the proper course to correct the error?

As far as RONR is concerned It's too late now to worry about the adoption of an agenda for a meeting that has concluded, and I can't see why the board can't adopt those other items at its next meeting. But if this is a governmental body(since you have a clerk I thought it might be), you should check with the board's attorney for complete clarification including any additional notice that might be required.

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Guest frustrated by foolishness

In our HOA the leadership seems to be somewhat unaware of procedures.  At a recent meeting, there was a motion and vote that the Board should seek legal advice about a matter of great concern to many persons.  The leadership openly stated that they did not wish to spend the money... yet the populace overwhelmingly voted to spend the money and take some aciton.

A review of the minutes of that HOA meeting (unknown when it was published) indicated that the vote was taken BUT it was deemed invalid by the leadership (not stated when this error was discovered) because the person who made the original motion was not a voting member of the HOA, and because he had not paid dues for the year does not even have the right to speak at the meetings (!)  No other comments about the matter in the meeting minutes, the HOA newsletter, etc.  Also, no mention of the item on the agenda for tonight's meeting which was posted within the last 4 hours- so no time for anyone to come to the meeting prepared.  The leadership has also stated that the HOA meeting is NOT for "questsion and answer"- any such issues have to wait until the end of the meeting!

This seems to be a matter of the leadership wanting to avoid the wishes of the voting members  I think the leadership missed the boat at the original vote and cannot summarily void the entire issue.    What is the correct way to deal with this kind of voting procedural error if discovered after the fact.

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56 minutes ago, Guest frustrated by foolishness said:

A review of the minutes of that HOA meeting (unknown when it was published) indicated that the vote was taken BUT it was deemed invalid by the leadership (not stated when this error was discovered) because the person who made the original motion was not a voting member of the HOA, and because he had not paid dues for the year does not even have the right to speak at the meetings

This decision is in error for several reasons.

  • For starters, it is not necessarily the case that a member who is delinquent in dues loses any of their rights of membership. This is only the case if the bylaws so provide.
  • RONR does not specify what the rights of a “non-voting member” are, so it will be up to the society to interpret whether such a member has the right to vote.
  • Even assuming this person did not have the right to make a motion, a Point of Order regarding such matters must be raised promptly. This issue does not cause a continuing breach.
  • Finally, even if this had been a continuing breach, the board has no authority to rule a motion adopted by the membership invalid. Such a ruling could only be made by the chair at a meeting of the membership, and would be subject to appeal. A majority vote is sufficient to overturn the chair’s ruling.
56 minutes ago, Guest frustrated by foolishness said:

The leadership has also stated that the HOA meeting is NOT for "questsion and answer"- any such issues have to wait until the end of the meeting!

Questions pertaining to pending business, such as a pending motion or report, are in order. RONR does not, however, provide for a general “question and answer period,” although the assembly may do so if it wishes.

Is the upcoming meeting you refer to a meeting of the board or of the membership?

56 minutes ago, Guest frustrated by foolishness said:

This seems to be a matter of the leadership wanting to avoid the wishes of the voting members  I think the leadership missed the boat at the original vote and cannot summarily void the entire issue.    What is the correct way to deal with this kind of voting procedural error if discovered after the fact.

The correct way to deal with this kind of procedural issue if discovered after the fact is to do nothing. This issue is not a continuing breach. The motion is valid.

Edited by Josh Martin

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