Call for a second vote on an item already voted upon

[Guest Deborah E]

An HOA board met last night and a quorum was met. They discussed whether or not owners should be allowed to remove existing lawn and replace it with artificial turf. An ad hoc committee had been formed to research this option and presented their findings to the board. Based on their findings, the committee believed this would not be in the best interest of the HOA and recommended to not allow. A motion was made and a majority of the board voted to not allow the installation of artificial turf.

A board member who was not present for the first vote was alerted by a fellow board member and joined the meeting late. This board member had already installed artificial turf without getting prior approval to do so. I am told he "forced" the board to vote on this issue a second time. A second vote was taken and this tine the board voted to allow the installation of artificial turf. Is this kosher? I don't think so.

[Josh Martin]

On 3/5/2023 at 12:33 PM, Guest Deborah E said:

An HOA board met last night and a quorum was met. They discussed whether or not owners should be allowed to remove existing lawn and replace it with artificial turf. An ad hoc committee had been formed to research this option and presented their findings to the board. Based on their findings, the committee believed this would not be in the best interest of the HOA and recommended to not allow. A motion was made and a majority of the board voted to not allow the installation of artificial turf.

A board member who was not present for the first vote was alerted by a fellow board member and joined the meeting late. This board member had already installed artificial turf without getting prior approval to do so. I am told he "forced" the board to vote on this issue a second time. A second vote was taken and this tine the board voted to allow the installation of artificial turf. Is this kosher? I don't think so.

There are options for an assembly to change its mind. During the same meeting, as was the case here, there is the option of a motion to Reconsider. Such a motion may only be made by a member who voted on the prevailing side (so in this case, a board member who voted for the motion to prohibit artificial turf). The motion to Reconsider requires a majority vote for adoption and, if adopted, the motion is then before the assembly in the same condition as it was initially.

So while this individual could not "force" the board to vote on this issue a second time, the board certainly could vote on this issue a second time if it wished to do so.

Edited March 5, 2023 at 06:59 PM by Josh Martin

[Guest Deborah E]

On 3/5/2023 at 10:58 AM, Josh Martin said:

There are options for an assembly to change its mind. During the same meeting, as was the case here, there is the option of a motion to Reconsider. Such a motion may only be made by a member who voted on the prevailing side (so in this case, a board member who voted for the motion to prohibit artificial turf). The motion to Reconsider requires a majority vote for adoption and, if adopted, the motion is then before the assembly in the same condition as it was initially.

So while this individual could not "force" the board to vote on this issue a second time, the board certainly could vote on this issue a second time if it wished to do so.

Thank you, Josh. This is very helpful.

[Guest Cindy C.]

Can an assembly make a motion to reconsider a vote that was voted on at a previous session?

[George Mervosh]

On 3/6/2023 at 11:34 AM, Guest Cindy C. said:

Can an assembly make a motion to reconsider a vote that was voted on at a previous session?

No.  If the motion passed and is still applicable it can be rescinded or amended.  See RONR (12th ed.) §35 for full details.  If the motion was defeated it can simply be made again at any new session.  See RONR (12th ed.), §38