proxy voting

[Guest Judy Polinkus]

As a member of a condo association we held our AGM in June. One of the agenda items was a vote to amend the declaration and bylaws. By letter we were told all proxy votes were to be turned in to the BOD by Thursday preceding the Sat. election. The results were announced and the vote failed to pass. So the BOD adjourned the meeting and announced that it would be reconvened in Nov. at which time before the meeting they called all members who had not voted or voted no and accepted proxies at that time and then announced that it had passed Is this legal?

[hmtcastle]

Is this legal?

No. When the voting is over and the results are announced, it's over.

[Gary Novosielski]

As a member of a condo association we held our AGM in June. One of the agenda items was a vote to amend the declaration and bylaws. By letter we were told all proxy votes were to be turned in to the BOD by Thursday preceding the Sat. election. The results were announced and the vote failed to pass. So the BOD adjourned the meeting and announced that it would be reconvened in Nov. at which time before the meeting they called all members who had not voted or voted no and accepted proxies at that time and then announced that it had passed Is this legal?

The phone calls per se aren't illegal, but the entire amendment process sounds fishy. For example, you said it was your AGM, and yet the BoD adjourned the meeting?

At the AGM, the Board is not even convened, and can't legally do anything, let alone adjourn meetings, or fix the time to which to adjourn.

Furthermore even if done properly, an adjourned meeting is a continuation of the same AGM session. It is not in order to renew the failed motion, as it presents the same question that was already disposed of.

Was a point of order raised at the time?

[Guest Judy Polinkus]

No, point of order was raised. Our management company said that the lawyer for the association said that this was legal when we questioned it. He cited Robert's Rules of Order 10th edition 21 and 22. We are not disputing the adjournment but the proxy votes accepted after the meeting.

[Josh Martin]

He cited Robert's Rules of Order 10th edition 21 and 22. We are not disputing the adjournment but the proxy votes accepted after the meeting.

Well, I have no idea what he's talking about, as nothing in Sections 21 or 22 suggests that votes after a meeting are proper, nor does it suggest that the Board can adopt the motions to Adjourn or Fix the Time to Which to Adjourn for a general membership meeting. Raise a Point of Order at the next meeting. The votes cast after the meeting was adjourned were illegal votes by illegal voters and affected the outcome, so the vote is null and void. Appeal from the decision of the chair if necessary.

The adjournment seems to have been done improperly as well but it's too late for a Point of Order about that.

[Trina]

As a member of a condo association we held our AGM in June. One of the agenda items was a vote to amend the declaration and bylaws. By letter we were told all proxy votes were to be turned in to the BOD by Thursday preceding the Sat. election. The results were announced and the vote failed to pass. So the BOD adjourned the meeting and announced that it would be reconvened in Nov. at which time before the meeting they called all members who had not voted or voted no and accepted proxies at that time and then announced that it had passed Is this legal?

Well, was the AGM 'reconvened' in November -- i.e. did the general membership turn out for the continuation of the general membership meeting? And, if so, did someone who had voted on the prevailing side (that is, someone who voted against the amendment at the June meeting) move to reconsider the motion to amend?

Actually, I just noticed the June to November gap -- I very much doubt that you can properly set an adjourned meeting that far into the future in any case (I don't have time right now to leaf through RONR to double check, but hopefully someone else will comment on this point).

[David A Foulkes]

Well, was the AGM 'reconvened' in November -- i.e. did the general membership turn out for the continuation of the general membership meeting? And, if so, did someone who had voted on the prevailing side (that is, someone who voted against the amendment at the June meeting) move to reconsider the motion to amend?

Actually, I just noticed the June to November gap -- I very much doubt that you can properly set an adjourned meeting that far into the future in any case (I don't have time right now to leaf through RONR to double check, but hopefully someone else will comment on this point).

The only restriction I've found so far is that it can be set only to a time previous to the next regular meeting. (p. 236 l. 6-9) So, if there was none between the AGM and the date set for the adjourned meeting, it seems to be okay. But that is a long time to go (June to November) without a regular meeting, but we've seen worse here, eh?