Guest Bill Posted January 25, 2021 at 07:41 PM Report Posted January 25, 2021 at 07:41 PM I serve on the BOD of an single family HOA in South Carolina since January 2019. Our documents only require a membership meeting once per year. As a result, all other HOA business i conducted by the Board in meetings as required. In 2018 the board voted to conduct only closed meetings, which I do not agree with. Our documents are silent on BOD meetings, voting, etc. There are issues that come before and are acted upon by the board. On some issues, I would like to have my vote recorded in the meeting minutes so that my vote is on record. Can I request that my vote be recorded? If so, does the board have to vote to allow my recorded vote? Thank you Quote
Josh Martin Posted January 25, 2021 at 07:44 PM Report Posted January 25, 2021 at 07:44 PM 2 minutes ago, Guest Bill said: I serve on the BOD of an single family HOA in South Carolina since January 2019. Our documents only require a membership meeting once per year. As a result, all other HOA business i conducted by the Board in meetings as required. In 2018 the board voted to conduct only closed meetings, which I do not agree with. Our documents are silent on BOD meetings, voting, etc. There are issues that come before and are acted upon by the board. On some issues, I would like to have my vote recorded in the meeting minutes so that my vote is on record. Can I request that my vote be recorded? If so, does the board have to vote to allow my recorded vote? You can make such a request if you wish. The board could grant this request by unanimous consent, but if there was an objection, a vote would need to be taken. The board is not under any obligation to grant your request, at least so far as RONR is concerned. It is very possible that state law pertaining to HOAs also says something on this matter, and those rules would take precedence. Quote
Richard Brown Posted January 25, 2021 at 07:57 PM Report Posted January 25, 2021 at 07:57 PM 7 minutes ago, Guest Bill said: In 2018 the board voted to conduct only closed meetings, which I do not agree with. Our documents are silent on BOD meetings, voting, etc. by “closed meetings“ do you mean meetings in executive session, at which the proceedings are secret, or do you mean that the board is limiting attendance to members of the board? From a parliamentary and legal standpoint, there is a difference. Since you have said this is a homeowner association, I suggest you check your state laws dealing with homeowner associations. Those laws frequently provide that residents have a right to attend and even to address the board at board meetings. However, even with such a right, the board might have the right to go into executive session to consider certain delicate matters. I also note that even if none of the above provisions are applicable, the board could, by unanimous consent or a majority vote, agree to let residents attend board meetings on a case by case basis or to address the board on certain subjects. Quote
Guest Puzzling Posted January 25, 2021 at 08:39 PM Report Posted January 25, 2021 at 08:39 PM have a look at the website of the homeowners protection bureau hopb.co They are more specific for home owners Associations and their members. The (state) laws governing hoa's supersede RONR and your bylaws. Quote
Rob Elsman Posted January 26, 2021 at 01:02 AM Report Posted January 26, 2021 at 01:02 AM Insofar as the rules in RONR (12th ed.) are the controlling rules, a member of the board can make the incidental motion, Motion Related to Methods of Voting. See RONR (12th ed.) §30. Quote
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