A board member was asked to leave the meeting room, when discussion about his condo application matter

[Guest KK Soo]

Hi,

In a Condo monthly board meeting, a board member's unit has submitted an application of remodeling. Can the chairperson ask this board member leave the meeting room and discuss his application matter and vote? As he is a board member, is it common he cannot vote for himself?

Can the chairperson do this to this board member?

[Rob Elsman]

Of course not.  

[Weldon Merritt]

The chairperson may ask anything they want. But the member is under no obligation to comply. He cannot be compelled to leave the meeting. And although he should not vote on his own application, he cannot be compelled to abstain. 

The above answer, assume that the rules on RONR apply. If the condo association's bylaws have a different rule, that rule would apply. But I suspect that association does not have contrary rules, or you probably wouldn't be asking the question.

[Gary Novosielski]

On 8/4/2023 at 7:17 PM, Weldon Merritt said:

The chairperson may ask anything they want.

Within the limits of decorum.  I can imagine a situation where it would exceed them.

[Weldon Merritt]

On 8/4/2023 at 5:55 PM, Gary Novosielski said:

Within the limits of decorum.  I can imagine a situation where it would exceed them.

Well, yes. That's certainly a possibility. "Anything" is, admittedly, a bit too broad. But may major point was that yes, the chair may ask, but the member need not comply.

[Josh Martin]

On 8/4/2023 at 5:37 PM, Guest KK Soo said:

Can the chairperson ask this board member leave the meeting room and discuss his application matter and vote?

I suppose the chair can ask, but the member cannot be required to leave the meeting room, unless the organization's bylaws or applicable law so provide.

Since the chair is in a position of some authority in the meeting and his requests may be misconstrued as something more, it would be desirable for the chair to make clear that the member ultimately has the right to remain in the meeting.

On 8/4/2023 at 5:37 PM, Guest KK Soo said:

As he is a board member, is it common he cannot vote for himself?

Under RONR, the rules provide that the member should not vote on this matter, but he ultimately has the right to do so.

"No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. For example, if a motion proposes that the organization enter into a contract with a commercial firm of which a member of the organization is an officer and from which contract he would derive personal pecuniary profit, the member should abstain from voting on the motion. However, no member can be compelled to refrain from voting in such circumstances." RONR (12th ed.) 45:4

It may be, however, that the organization's bylaws or applicable law provide otherwise on this matter. Such rules are not unusual, and those rules will take precedence over RONR.

Edited August 5, 2023 at 11:52 AM by Josh Martin