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Should a vote that is null & void be minuted?


Guest Mike B

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On 3/12/2024 at 7:58 AM, Guest Mike B said:

A vote on a proposal was taken.  Immediately following the vote it was found that the proposal contravened the Deed of Trust. Thus the proposal and vote was deemed null & void.
Should that vote be recorded in the minutes?

Yes, the minutes should reflect exactly what occurred. 

You say that, immediately after the vote, the proposal and vote was deemed null and void.  The minutes should also reflect exactly what action was taken by the assembly to make this determination.  What action was taken by the assembly to make this determination?

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On 3/12/2024 at 8:14 AM, Dan Honemann said:

Yes, the minutes should reflect exactly what occurred. 

You say that, immediately after the vote, the proposal and vote was deemed null and void.  The minutes should also reflect exactly what action was taken by the assembly to make this determination.  What action was taken by the assembly to make this determination?

I would take it that you would except something expunged? 

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The dreaded passive voice strikes again.  Surely someone must have done something, as votes do not "deem" themselves.

I would expect the minutes to include the motion, the results of the vote, presumably a Point of Order that the result should be declared null and void, and a ruling by the chair (or upon appeal) that the point was well-taken, and that the adopted motion was therefore declared null and void.

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