Board Action

Started by BettyO1 • 4 replies • 1735 views

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BettyO1 (California)
Posts: 104

Posted:

What recourse do homeowners have if Board votes on approves motions, but at times does not act on them, such as agreeing to send a letter for a contractor to insert a clause in a contract, but not doing so? Is there anything in Davis Stirling on Board actions that are in effect inactions?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Any motion can be recinded or amended. Are you sure this didn't take place at a board meeting?

Usually, the president just directs the sec. to send letters. Why a motion would be needed on such an item - as you describe it - is puzzeling.

Why was a motion needed?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Betty,

An inept board can be voted out at the next election or recalled! Don't expect state laws to govern every aspect of the BOD's duties/actions.

DanielH1 (California)
Posts: 482

Posted:

This happens a lot but there isn't much that you can do (except voting them out).

A Board motion is not a promise or a contract. It is a decision and, if it is not acted upon and the Board neglects it, it is as if the Board changed its mind.

Since a Board can revoke a motion at any time by a Board vote, it hardly matters whether they officially revoke it or not.

In many cases, if a motion remains unfulfilled for a year or more, the documents invalidate it automatically.

If a Board motion was a promise or a contract, newly elected Board Members would be stuck implementing idiotic motions (promises) made by the previous Board. One Board could conceivably tie the hands of future Boards by passing all kinds of crazy motions. That would be a disaster and not make sense so that's why Board motions are simply statements of intention and not binding on the Board themselves.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Come on . . .
No motion shold be "hanging" there for forever.

Either recind it or amend it. But it must be acted upon if approved by the board.

The Secretary, as the minutes taker, can remind the board of the motion action until something is done with it. It would remain under "old business"

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