Voting at Special Meeting

[Guest Bill]

This is a continuation of a post I made last Saturday. I appreciate the response to that issue. There is now a new issue that I need some help with.

We are a single family HOA with approximately 400 homeowners (association members). Our BOD has decided that we cannot open our community pool due to potential liability issues since we cannot ensure compliance with CDC/DHEC guidelines for reopening public pools. Our attorney and Property Manager have also advised that we keep the pool closed.

Our members are now considering asking for a special meeting to vote on whether or not the pool should be opened. Our By Laws state that special meetings may be called by the President at any time and must be called by the President when so requested in writing by any two (2) Directors or by twenty-five (25%) percent of the Membership.

Under Robert's Rules, what vote determines whether or not a motion to reopen the pool carries? Is it the majority of votes cast, the majority of members present, the majority of the total voted in the association or some other criteria.

Also, I don't know if you guys get involved in legal or litigation issues, but can the Membership overrule the Boards decision in this case considering:

1. SCDHEC advisory states that the responsibility for compliance with the guidelines lies with the owner of the facility (the HOA) and advises the pool remain closed if compliance cannot be ensured. We have no staff to ensure compliance.

2. Our attorney advises the the pool remain closed. No waivers, signs on the pool to use it at your own risk or other measures short of compliance will relieve the Association of a potential liability suit should someone become ill with the Vovid virus. Our liability insurance has a pandemic exclusion which means we (the Membership) would have to fund the costs to defend against such a suit. 

It seems the membership are voting to place themselves in a potentials costly liability situation.

 

[Josh Martin]

1 hour ago, Guest Bill said:

Under Robert's Rules, what vote determines whether or not a motion to reopen the pool carries? Is it the majority of votes cast, the majority of members present, the majority of the total voted in the association or some other criteria.

As I understand the facts, the board has adopted some sort of motion on this matter (to close the pool, to keep it closed, etc.). As a result, the appropriate course of action to overturn the board's decision would be a motion to Rescind or Amend the motion in question. The vote required for this varies depending on whether previous notice has been given of the motion.

If previous notice has been given, a majority of the votes cast is sufficient. If previous notice has not been given, then it will require either 2/3 of the votes cast or a majority of the total membership, either of which is sufficient.

EDIT: Since this is a special meeting, I guess there would have to be notice of the motion anyway. So it's a majority of the votes cast.

1 hour ago, Guest Bill said:

Also, I don't know if you guys get involved in legal or litigation issues

We don't.

1 hour ago, Guest Bill said:

but can the Membership overrule the Boards decision in this case considering:

1. SCDHEC advisory states that the responsibility for compliance with the guidelines lies with the owner of the facility (the HOA) and advises the pool remain closed if compliance cannot be ensured. We have no staff to ensure compliance.

2. Our attorney advises the the pool remain closed. No waivers, signs on the pool to use it at your own risk or other measures short of compliance will relieve the Association of a potential liability suit should someone become ill with the Vovid virus. Our liability insurance has a pandemic exclusion which means we (the Membership) would have to fund the costs to defend against such a suit. 

It seems the membership are voting to place themselves in a potentials costly liability situation.

As a parliamentary matter, none of this changes whether the membership has the authority to overturn the board's decision. These are simply facts for the membership to weigh when considering whether it is a good idea to overturn the board's decision.

There may be something in applicable law which would provide otherwise on this matter, but that would be a question for an attorney.

Edited June 4, 2020 at 04:32 AM by Josh Martin

[Atul Kapur]

Under RONR, the motion would require the votes required to adopt a motion to Rescind or Amend Something Previously Adopted. Mr. Martin gave the details as I was typing my response.

Under RONR, a membership meeting can overrule a decision of the board as long as the bylaws do not give the board the exclusive authority to make that decision.  A membership meeting can adopt a motion that would result in action that is illegal, as long as it follows any procedural law that applies to it.

You have what sounds like some good arguments for the membership to vote against a motion to open the pool

Edited June 4, 2020 at 04:31 AM by Atul Kapur