Motion to Rescind

[Guest LS5300]

We had a board vote for construction work at a condo that passed with 4 in favor, 0 opposed, and 1 abstention. The next day the member who abstained then resigned. A few weeks later, the vacancy was filled and now that board member doesn’t want to proceed with the previous vote and is unwilling to compromise since s/he doesn’t want to spend money.  How do we proceed? Can s/he make a motion to rescind even tho he didn’t vote in original motion? Once motion is seconded, the board then proceeds to vote to rescind or not? Any debate before the vote? Do we need majority or 2/3 of board to be in favor? If does not get the needed votes, then the original vote result stands? Is there a different way this should be handled?

thank you

[Joshua Katz]

On 4/5/2023 at 8:53 PM, Guest LS5300 said:

Can s/he make a motion to rescind even tho he didn’t vote in original motion?

Sure.

On 4/5/2023 at 8:53 PM, Guest LS5300 said:

Once motion is seconded, the board then proceeds to vote to rescind or not? Any debate before the vote?

The motion to rescind is debatable, yes. Although, if your board has fewer than 13 members, as seems likely, it should be using the small board rules, under which seconds are not needed.

On 4/5/2023 at 8:53 PM, Guest LS5300 said:

Do we need majority or 2/3 of board to be in favor?

You need a 2/3 vote, or a majority with previous notice, or a majority of the entire board voting in the affirmative, for a motion to rescind to pass.

On 4/5/2023 at 8:53 PM, Guest LS5300 said:

If does not get the needed votes, then the original vote result stands?

Yes.

 

On 4/5/2023 at 8:53 PM, Guest LS5300 said:

Is there a different way this should be handled?

No, that sounds about right.

[Gary Novosielski]

On 4/5/2023 at 9:53 PM, Guest LS5300 said:

We had a board vote for construction work at a condo that passed with 4 in favor, 0 opposed, and 1 abstention. The next day the member who abstained then resigned. A few weeks later, the vacancy was filled and now that board member doesn’t want to proceed with the previous vote and is unwilling to compromise since s/he doesn’t want to spend money.  How do we proceed? Can s/he make a motion to rescind even tho he didn’t vote in original motion? Once motion is seconded, the board then proceeds to vote to rescind or not? Any debate before the vote? Do we need majority or 2/3 of board to be in favor? If does not get the needed votes, then the original vote result stands? Is there a different way this should be handled?

thank you

If the previous vote was 4-0, and the new member moves to Rescind, and nobody else changes their opinion, the vote to rescind will fail, 1-4.  Unwillingness to compromise is not even a thing.