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Subject: When is a Board decision final?
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Author Messages
TheresaS2
(California)

Posts:1


11/19/2018 6:51 PM  
I am a new Board member. My question is are Board decisions final upon voting; or, if no action has been taken and more information is gathered can the motion be rescinded, discuss new information and re-vote on item.
TimB4
(Virginia)

Posts:16045


11/19/2018 7:33 PM  
In my opinion, a decision is final in one of the following ways:

1) Contract signed, funds committed

2) The topic has been beaten to death


Other then that, any board decision can be revisited and have the previous decision changed or modified providing a majority of the Board desires to do so. If the majority does not want to revisit the issue, then the previous decision stands.
KerryL1
(California)

Posts:5950


11/20/2018 9:04 AM  
In CA, Boards may only make decisions at board meetings on an agenda item that has been part of a posting 4 days in advance of a meeting where a quorum of directors is present. (It's different if an executive session matter or an emergency)

AT that meeting, if a director who voted in favor of the decision changes her mind, she makes a motion to "reconsider" the decision. If it's seconded and the board votes to reconsider it, they can discuss it and debate it again and then vote on a new motion to change their earlier decision.

IF NO action has been taken on the decision even days or weeks later, and a director wants to change it, it again would occur at a duly noticed meeting (in CA) per the steps above. Instead, however, of "reconsidering" the decision, a director makes a motion to "rescind" the decision previously made and, If seconded and a majority agrees, the decision is no longer anything that requires action.

Visit Davis-stirling.com's Main Index, BOARD Meetings. It's compiled by a CA HOA law firm and is a treasure of info. Many of its entires are useful for non-CA HOAs too (examples, especially are Contracts and Reserves). Or read Robert's Rules of Order.

AugustinD


Posts:1208


11/20/2018 9:38 AM  
Posted By TheresaS2 on 11/19/2018 6:51 PM
I am a new Board member. My question is are Board decisions final upon voting; or, if no action has been taken and more information is gathered can the motion be rescinded, discuss new information and re-vote on item.


I concur with what Tim and Kerry wrote. But also, might you perhaps be a bit confused on the process for making a board decision?

A director (an not a mere member) makes a motion on an item that is on the agenda and has been properly noticed.


Another director seconds the motion. If there is no second, then the motion "dies for a lack of a second"

Consideration of the motion now begins. This may include debate but certainly will include discussion. The motion may be amended, though there are specific rules for this.

After the President closes discussion (being fair to all directors who want to give input), a vote is taken.

If the motion passes, then for HOAs, I would say the decision (= a passed motion) is effective as soon as all members are properly noticed of the decision. Some decisions may have other legal obligations that must be met before they may be implemented. E.g. Boards often are permited to make a change to the Rules and Regulations (but not the covenants). Sometimes 30 days or more are required to pass after notice of the Rule change is made and the rule can be enforced.

If a board member, after further thought, changes her or his mind, then yes, the passed motion can be reconsidered, the old vote discarded, and a new vote taken. There are rules for this.

Robert's Rules of Order is Thee guide for all this. It's what many City Councils use. Some HOA's Bylaws specify using them.

Be fair and reasonable, and follow the governing documents and state and federal law, and you should be fine.
SueW6
(Michigan)

Posts:354


11/23/2018 8:17 AM  
Recind = to change a decision, and takes a 2/3 vote required. If work has already started, then the motion can't be recinded. (like a contractor who has already started the work.)

Reconsider = to bring back a motion for revue and takes a majority vote (can be made same day and must be presented by a person on the winning side.)


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