Guest Rob Elsman Posted April 2, 2010 at 03:59 PM Report Share Posted April 2, 2010 at 03:59 PM If the vote was actually counted, the number of votes in the affirmative and the negative should be entered on the minutes. Abstentions are not called for, nor is their number entered. The word "unanimous" is not used." Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted April 2, 2010 at 04:00 PM Report Share Posted April 2, 2010 at 04:00 PM >>Based on this, I did not bother to vote.<< But did you raise a point of order to the effect that the motion was improper? In any case, unless it was a "counted vote", the minutes should just record that the motion" Link to comment Share on other sites More sharing options...
Guest Laura A Posted April 2, 2010 at 04:21 PM Report Share Posted April 2, 2010 at 04:21 PM Interesting Update; The one motion was in response to my series of Grievance Letters to the board outlining the violations of the Master Deed. The former president falsely represented my Grievance Letters to the group. This created a "lynching mob" Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted April 2, 2010 at 04:27 PM Report Share Posted April 2, 2010 at 04:27 PM "All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke" Link to comment Share on other sites More sharing options...
Guest Rob Elsman Posted April 2, 2010 at 04:29 PM Report Share Posted April 2, 2010 at 04:29 PM Notwithstanding, you can still make a Point of Order at the next HOA meeting, since the adoption of the motion without the required previous notice is a "continuing breach". RONR (10th ed.), pp. 244, 255." Link to comment Share on other sites More sharing options...
Guest Laura A Posted April 2, 2010 at 04:45 PM Report Share Posted April 2, 2010 at 04:45 PM Clarification: Based on the Master Deed, anyone that is over 30 days delinquent, losing their voting rights. The current president was looking at the wrong clause of the Master Deed. She has incorrectly stated that it is 60 days delinquent in an e-mail" Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted April 2, 2010 at 05:18 PM Report Share Posted April 2, 2010 at 05:18 PM >>Any suggestions on what to do when the recording does not match the Certified Minutes, and 12 members voting that should not be voting?<< If you have proof that those twelve votes could have affected the outcome, raise a point of or" Link to comment Share on other sites More sharing options...
Guest Rob Elsman Posted April 2, 2010 at 05:23 PM Report Share Posted April 2, 2010 at 05:23 PM Given the facts as I understand them, I think her better point is that the amendment to the master deed was adopted without the required previous notice having been validly given. The relevant facts would seem to be easier to establish with certainty." Link to comment Share on other sites More sharing options...
Guest Laura A Posted April 2, 2010 at 06:08 PM Report Share Posted April 2, 2010 at 06:08 PM Question regarding Motion being Carried; per the Certified Minutes, the "Motion" will not be implemented until they get a legal opinion to see if it's legal. Per the Certified Minutes, it states that the Motion was carried. Can you "Carry" Link to comment Share on other sites More sharing options...
Guest H.Wm.Mountcastle Posted April 2, 2010 at 06:56 PM Report Share Posted April 2, 2010 at 06:56 PM >>Can you "Carry a Motion" when you don't know if it's legal?<< The short answer is "yes" but you're using language that's not found in RONR so your answers will likely be found elsewhere." Link to comment Share on other sites More sharing options...
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