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Do we follow Robin's Rules and can we do a vote by email?

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I was recently elected to the board of directors. I have a couple questions I need clarified.

1. Do we follow Robert's Rules? They call meetings to order, make motions, second, etc. However, I brought up Robert's rules as it pertained to a situation and was told we do not follow "that". Some members did not even know what Robert's rules were!! Our bylaws do not mention any rules to be followed. I thought that Robert's rules then became a default. Is this the case?

2. I recently received a call at work saying we were doing an email vote. One board member made a motion. It was seconded by another board member. (over the phone I assume????) I was told they were taking an email vote on the motion. Is this legal??? My reply to them was: "When did we call a meeting to order?" They told me we've done this in the past and it is okay. How can it be? We do not even have an opportunity to discuss with anyone the motion. What about the minutes? I am not the only new member questioning these practices. We raised the questions at a meeting and the President emailed our attorney with issues we raised. However, the president says she never heard back from the attorney. It has been over 2 weeks.

While you should consult with counsel in Louisiana (I only practice in Massachusetts), if the condominium documents do not require Robert's Rules of Order and if state law does not require Robert's Rules of Order then the board is not obligated to conduct its meetings according to Robert's Rules of Order (although some procedure for efficient running of meetings should be considered as good practice.

As to your issues relating to e-mail votes, it would depend on what your condominium documents and state law state about meetings and votes but generally, at least in Massachusetts, a vote by e-mail would not be appropriate.  Perhaps at your next meeting, another board member should be requested to speak to the association attorney if the President is not able to contact him or her.

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