Guest Wendy Boyd Posted July 10, 2010 at 11:36 PM Report Share Posted July 10, 2010 at 11:36 PM After motion duly made and seconded to take vote and votes are cast, and after duly moved and seconded adjournment of meeting, are late votes allowed? Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted July 10, 2010 at 11:51 PM Report Share Posted July 10, 2010 at 11:51 PM After motion duly made and seconded to take vote and votes are cast, and after duly moved and seconded adjournment of meeting, are late votes allowed?Let me get this straight.• Motion is made and seconded to vote (on the pending question, I assume).• Votes are cast.Then what? What happened next?How can anyone move to adjourn when the chair has not (yet?) announced "The [ayes/noes] have it. The motion is [adopted/lost]"?(Aren't you kind of curious on how the vote turned out?) While that chaos is figured out, then the answer is "No," once a new question is pending, then it is too late to add/subtract/change any votes on the question just decided. (Well, if the chair ever gets around to telling you all what was decided.) Link to comment Share on other sites More sharing options...
Guest Wendy Posted July 10, 2010 at 11:54 PM Report Share Posted July 10, 2010 at 11:54 PM In addition to the question of allowing votes to be counted after formal adjournment of a meeting, one HOA member casting his vote has a monetary interest, another with 4 votes is selling the property in question and also voted in favor of the proposal. We have read the rules that "while these parties 'shouldn't' vote, they are still allowed to vote. We had 4 outstanding votes from people who, either live out of state and did not know they were supposed to vote, live out of state and is still, 7 hours later, trying to decide how to vote (strong solicitation by the selling and interested hoa members), and a late arrival who was not present for the meeting. I hope this additional information helps. Link to comment Share on other sites More sharing options...
Guest Wendy Posted July 10, 2010 at 11:59 PM Report Share Posted July 10, 2010 at 11:59 PM In addition to the question of allowing votes to be counted after formal adjournment of a meeting, one HOA member casting his vote has a monetary interest, another with 4 votes is selling the property in question and also voted in favor of the proposal. We have read the rules that "while these parties 'shouldn't' vote, they are still allowed to vote. We had 4 outstanding votes from people who, either live out of state and did not know they were supposed to vote, live out of state and is still, 7 hours later, trying to decide how to vote (strong solicitation by the selling and interested hoa members), and a late arrival who was not present for the meeting. I hope this additional information helps.The vote BEFORE formal adjournment was 9 opposed/8 in favor (4 seller; 1 monetary interest, 3 other owners). Votes tallied and announced. Determination made regarding unit owners who had not yet cast votes.Meeting adjourned upon motion and seconded.Late arrival votes for proposal.Email waiting but not read during meeting cast against proposal.This makes vote 10/9 opposed.Still 2 votes pending (1 owner, 2 units = 2 votes). Heavy phone contact from owner with monetary interest.I agree with Solomon and advise to split =DAre we wasting time by waiting? Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 11, 2010 at 12:09 AM Report Share Posted July 11, 2010 at 12:09 AM The vote BEFORE formal adjournment was 9 opposed/8 in favor (4 seller; 1 monetary interest, 3 other owners). Votes tallied and announced. Determination made regarding unit owners who had not yet cast votes.Meeting adjourned upon motion and seconded.Late arrival votes for proposal.Email waiting but not read during meeting cast against proposal.This makes vote 10/9 opposed.Still 2 votes pending (1 owner, 2 units = 2 votes). Heavy phone contact from owner with monetary interest.I agree with Solomon and advise to split =DAre we wasting time by waiting?If your bylaws authorize absentee voting, such as voting by e-mail, or voting after adjournment(?), or late arrival voting(?), then you're on your own. Your organization must define its own rules to govern this, as Robert's Rules does not allow it. If your bylaws don't authorize any of this, it simply can't be done. The vote in the meeting stands as announced by the chair, on the motion as it was put by the chair just before the vote. Link to comment Share on other sites More sharing options...
Rob Elsman Posted July 11, 2010 at 12:24 AM Report Share Posted July 11, 2010 at 12:24 AM It should never happen that the votes of those who are present at a meeting are counted with those mailed in by absentees. See RONR (10th ed.), p. 409, ll. 4-15. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 11, 2010 at 02:18 AM Report Share Posted July 11, 2010 at 02:18 AM After motion duly made and seconded to take vote and votes are cast, and after duly moved and seconded adjournment of meeting, are late votes allowed?No.In addition to the question of allowing votes to be counted after formal adjournment of a meeting, one HOA member casting his vote has a monetary interest, another with 4 votes is selling the property in question and also voted in favor of the proposal. We have read the rules that "while these parties 'shouldn't' vote, they are still allowed to vote. We had 4 outstanding votes from people who, either live out of state and did not know they were supposed to vote, live out of state and is still, 7 hours later, trying to decide how to vote (strong solicitation by the selling and interested hoa members), and a late arrival who was not present for the meeting. I hope this additional information helps.I don't think any of this information makes any difference. After the meeting is adjourned, it is much too late for members to cast a vote. Also, I think you answered your own question regarding the members with a personal or pecuniary interest in the motion - the bottom line is that they are allowed to vote.The vote BEFORE formal adjournment was 9 opposed/8 in favor (4 seller; 1 monetary interest, 3 other owners). Votes tallied and announced. Determination made regarding unit owners who had not yet cast votes.Meeting adjourned upon motion and seconded.The meeting is over. No one can cast a vote. The motion is defeated.Late arrival votes for proposal.Email waiting but not read during meeting cast against proposal.This makes vote 10/9 opposed.Still 2 votes pending (1 owner, 2 units = 2 votes). Heavy phone contact from owner with monetary interest.I agree with Solomon and advise to split =DAre we wasting time by waiting?Yes, you are wasting time. None of the votes after adjournment counted unless you have Bylaws which allow for such a thing. It's over. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.