Subscribe to Blog

Your email:

Follow Us

Looking for answers?

condo association blogCan't find the answer you're looking for?  Ask your question here and we'll post it in our blog.

Browse by Topic

Condo Association Management Blog

Current Articles | RSS Feed RSS Feed

Who has last say at condo association owners meetings?

  
  
  
  
  
Does the Board have the last Say? I am on the board of my condo associatioin Ohio. We have 12 families. At every meeting someone will bring up something they want done & ask for a vote, saying they have the right to vote. They are owners & pay dues and have a say in everything. If this is so, why am I there as an officer? Where in our bylaws does this address this problem?
Tags: ,

Comments

The By-laws should tell you what you want to know. If you don't have By-Laws then thats a problem. 
 
John
Posted @ Saturday, June 18, 2011 8:51 AM by John Young
In our Association, Board members have an equal vote to other members in the Association..not more. Any Association member can propose something but it is up to the Board to provide the information on finances or agenda that might clarify the possibility of the propsal. If the money is not there or some regulation makes it impossible or another priority has been established then the item is tabled for the future. I would encourage association members to come up with ideas to make the place better while being aware there is a trade off on priorities. Sometimes the priorities are not what individual Board members would choose but if the majority vote for it you have to go along with the choice given what is possible financially.
Posted @ Saturday, June 18, 2011 9:11 AM by Smith
I am an officer in a 12 unit condo association as well. In our bylaws, the officers or condo board make all the decisions in regard to managing the property. Though the officers may choose to seek input from all unit owners, the final decisions is made by a vote from the officers only. 
Unit owners mostly voice opinions during a board election when he/she can vote for his/her favorite officer. 
One exception is when the bylaws are to be amended--that requires a vote from the majority of all unit owners. 
If there is a unit owner that wants to be more involved, I suggest that he or she run for an officer position.
Posted @ Saturday, June 18, 2011 9:21 AM by Troy
I am wondering what difference it makes to you if a vote is taken by the people at the meeting? Do you feel your power is taken away? Possibly because it is a small group of people, the people there feel at home putting out their ideas and asking for a vote on it. It is okay to do this if they are not going against the bylaws. If you show them when you agree with their ideas that you are thankful for their good ideas and the fact that they voted on that idea, they will show you respect also and respect should go both way. Because a vote is taken, I personally would not mind the others doing what has been done but I don't care about power at all and just like to see happy neighbors.  
 
Posted @ Saturday, June 18, 2011 9:23 AM by Chilly
Roberts rules of order answers your question if your bylaws state that roberts rules govern. 
 
Try roberts rules for dummies. It says most of what you needs early on in the book. 
 
All board members need to have a basic grasp of RRO. 
So should the members for that matter. 
It makes and keeps order.
Posted @ Saturday, June 18, 2011 10:16 AM by Mike
Regular Board Meetings are meetings held and attended by the Board of Directors. Members can attend. If Members have matters which they wish to discuss,at the meeting, then they should sumit them, in writing to the Secretary to include into the Meeting Agenda prior to the meeting date. 
 
 
 
This would give the Board members a chance to review the matter and then report their comments to the attending members. Also at that time if a vote is required, by the Board, then it can be voted upon. 
 
 
 
The Board Members, at a Board of Directors Meeting, has the last word on any matter presented and placed upon the Agenda. 
 
 
 
Posted @ Saturday, June 18, 2011 10:28 AM by Ron
It is not a matter of javing the last word. RRO permiots a unit owner to add an item to the meeting agenda or to make a motion at an appropriate time during the meeting. In eith case the members of the association present have the last word by their bote. Yea or nay with the majority ruling the roost.There are necessary items that are matters for board d\decision only. For example selection of a contractor from amongst several who bid to perform we maintenance on the grounds of the association. The members in attendance have no role in this board action because they gave no knowlege of the details in each submitted bid,
Posted @ Saturday, June 18, 2011 11:05 AM by Scott Adler
I think you are confusing board meetings with members' meetings. At a board meeting, only the board members vote. Members can only vote at a meeting of the members, whether it be the annual meeting, where electins are usually held, or at a special meeting that is called for a specific reason. The actions that a member has a right to vote on are usually very limited but will be spelled out in your bylaws and CCRs. If the board were to ask for a member vote on every action that comes before them believe me they would have a hard time running the assn.  
 
 
 
Since the members of your assn are always asking to vote on actions before the board, I believe it would be a good idea to educate them on how an HOA operates. Depending upon how your bylaws are worded, and perhaps state law, the board may not be able to discuss and vote on an item that is not on the agenda. If that is the case, then a member can give the info to the board secretary and ask that it be put on the next agenda.  
 
 
 
As a board member, you should take the time to become thoroughly familiar with all your gov docs. In the future when problems such as this arise you will know exactly how to handle them.
Posted @ Saturday, June 18, 2011 11:25 AM by mary
Robert's Rules of Order were based on English Law and really have no special or magical solutions to any item at a Board Meeting. The Association should adopt rules of conduct appropriate to their common belief. Boards are the LEGAL authority designated to conduct the business of the legal identity set up by law to establish the Condominium as a Corporation. You must have your Declaration of Condominium, Articles of Incorporation and By-Laws that established the condominium. These document constitute your business and how it is to be run. Board Meetings are the LEGAL gathering of the Officers duly elected to run the Corporation and as such these meetings are legal business meetings and subject to law. Owners have the right to attend these meetings but the BOARD MAKES THE DECISIONS period. If you read RONS message above, he is dead right with his comments. Now be careful, don't allow the power granted to the Board to become an "all-powerful" entity. Good suggestions should always be considered. Your owners elected you to represent their interests, within good common sense and the fiduciary responsibility of your office.
Posted @ Saturday, June 18, 2011 12:03 PM by cebo
Since you only have 12 homeowners you might have difficulty in getting them to understand how HOAs work. According to my HOA declarations, the board members have the "fudiciary" duty to maintain the association assets and make sure reserves are properly funded and projects preplanned. Board members should have liability insurance to cover fraud or embezzlement. This is one reason why non-board members should not be able to vote unless it is an annual meeting or a special assessment meeting. Having a vote from everyone only creates chaos as everyone is voting in their own best interest and not that of the association.
Posted @ Tuesday, June 21, 2011 2:59 PM by Renee
Our bylaws give the Board authority and responsibility to maintain the property, including capital improvements and assessments. Our previous Board would hold an annual meeting, take votes and then do whatever they wanted, regardless of the meeting minutes. 
 
I've been President of the current board for 4 years. Since we are a small complex, 21 owners, we strive to keep everyone informed and involved. In most cases, showing them that we (the Board) have done due diligence regarding projects, improvements and finance, there is little disagreement with our decisions. 
 
Every meeting has an agenda, a timekeeper, and we table things that can otherwise derail or delay a meeting. We also follow up on tabled items in a timely manner, so that people feel their opinions are actually being considered, even if not implemented. 
 
Like most endeavors, preparation and documentation usually keep things moving forward for us.
Posted @ Wednesday, June 22, 2011 11:21 AM by Jim
In most cases, showing them that we (the Board) have done due diligence regarding projects
Posted @ Thursday, April 26, 2012 11:17 AM by Nike Free Chaussures
Post Comment
Name
 *
Email
 *
Website (optional)
Comment
 *

Allowed tags: <a> link, <b> bold, <i> italics