Referendum Votes

[Guest Keith Anderson]

If the General Membership of an HOA has chosen a special assessment rather than an increase in condo fees, can the board of directors then vote and implement an increase of condo fees due to an unrelated matter, without referring the matter back to the General Membership for their wishes. The original question put to the membership was do you prefer a special assessment or an increase in monthly condo fees. I feel that since the membership chose the former over the latter that the Board is prevented from increasing condo fees until the next budget and general meeting or in the alternative they are obliged to conduct another referendum vote. My understanding of voting rules has always been that the larger the body voting the more resolute the decision. Referendums should only be amended or overturned by another referendum. Your thoughts? 

[jstackpo]

Since... "referendum votes" are not described in RONR  --  they would seem to me to be a form of absentee voting which is improper unless authorized in the bylaws  --  (I'll bet you could see this coming), the answer to your (implied) question would have to be in your bylaws or in the membership's interpretation of your bylaws.  

I don't agree with "the larger the body voting the more resolute the decision".   1 - 0 is just as decisive in determining an outcome as 345 to 582 or the like.  What do you mean by "resolute"?

[Josh Martin]

16 hours ago, Guest Keith Anderson said:

If the General Membership of an HOA has chosen a special assessment rather than an increase in condo fees, can the board of directors then vote and implement an increase of condo fees due to an unrelated matter, without referring the matter back to the General Membership for their wishes. The original question put to the membership was do you prefer a special assessment or an increase in monthly condo fees. I feel that since the membership chose the former over the latter that the Board is prevented from increasing condo fees until the next budget and general meeting or in the alternative they are obliged to conduct another referendum vote. My understanding of voting rules has always been that the larger the body voting the more resolute the decision. Referendums should only be amended or overturned by another referendum. Your thoughts? 

I would first note that RONR does not permit either of these things unless authorized by the bylaws. If your bylaws authorize such assessments or fee increases, then the rules on this matter in the bylaws should also specify the process for doing so. So what do they say?

16 hours ago, jstackpo said:

I don't agree with "the larger the body voting the more resolute the decision".   1 - 0 is just as decisive in determining an outcome as 345 to 582 or the like.  What do you mean by "resolute"?

I think what Mr. Anderson means by this is that it is improper for a subordinate body (the board) to overturn the decision of a superior body (the general membership).  I agree that is correct as a general matter, but I am hesitant to give a definitive answer without knowing what the bylaws say regarding assessments and fee increases.

Edited September 13, 2019 at 04:45 PM by Josh Martin