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Subject: Voting at annual meeting
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JenniferG14
(Colorado)

Posts:4


07/27/2021 1:48 PM  
If the president of our association is not allowed to make a motion or vote on a motion at an annual meeting, can he/she vote by proxy for others who have named the assigned their proxy to him/her?
Thanks.
Jennifer
JackJ9


Posts:0


07/27/2021 1:54 PM  
Posted By JenniferG14 on 07/27/2021 1:48 PM
If the president of our association is not allowed to make a motion or vote on a motion at an annual meeting, can he/she vote by proxy for others who have named the assigned their proxy to him/her?
Thanks.
Jennifer




I do not see why a President cannot vote at a meeting. The President, after all, is a homeowner and is entitled to the same vote that all other homeowners have.
AugustinD


Posts:1920


07/27/2021 2:03 PM  
Posted By JenniferG14 on 07/27/2021 1:48 PM
If the president of our association is not allowed to make a motion or vote on a motion at an annual meeting,
If the motion was not sent out in advance to members, then notice was improper, and the motion should not be made at the annual meeting.


can he/she vote by proxy for others who have named the assigned their proxy to him/her?
Who says the President cannot vote on a (properly-noticed) motion at the annual meeting?
JenniferG14
(Colorado)

Posts:4


07/27/2021 2:10 PM  
Our By Laws say that the president is a non-voting member of all committees and at Board meetings shall not vote except when necessary to break a tie. My question is whether or not he can vote with a proxy from another member. Thanks
Jennifer
BillH10
(Texas)

Posts:783


07/27/2021 2:16 PM  
Jennifer, you changed the scenario.

Your first post asked about the annual meeting

Your most recent post quoted restrictions for Board meetings. The two are not the same.

I do not believe the President, assuming he or she is an owner, can be denied a vote at the annual meeting of the association.

Should there be a tie in an election, and I have seen a few, the tied candidates flipped a coin.
AugustinD


Posts:1920


07/27/2021 2:17 PM  
Posted By JenniferG14 on 07/27/2021 2:10 PM
Our By Laws say that the president is a non-voting member of all committees and at Board meetings shall not vote except when necessary to break a tie. My question is whether or not he can vote with a proxy from another member.
I am acquainted with the rule, at some HOAs/COAs for Presidents at Board meetings only voting when there is a tie to be broken. But this rule is not applicable to meetings of the owners. At meetings of the owners, the President is voting not as a president; nor as a director. Instead, the president is wearing her/his owner''s hat when voting at annual meetings of the membership and so may vote at will, with the vote representing either her or himself or that of anyone who assigned him/her a proxy.
JackJ9


Posts:0


07/27/2021 2:17 PM  
Posted By JenniferG14 on 07/27/2021 2:10 PM
Our By Laws say that the president is a non-voting member of all committees and at Board meetings shall not vote except when necessary to break a tie. My question is whether or not he can vote with a proxy from another member. Thanks
Jennifer




I think there may be a misinterpretation of a rule. It makes sense that the President is a non-voting member of committees. I can also see a President not being able to vote except for tie at board meetings. Your original post said the annual meeting, and it doesn't make sense to strip a homeowner of the ability to vote on items just because he is the President.

May I encourage you to review your bylaws some more?
MaxB4
(California)

Posts:1601


07/27/2021 2:26 PM  
Officers don't vote, Directors vote. They are not called Board of Officers Meetings, they are called Board of Director Meetings.

The president is the presiding person at the annual meeting and is surely entitled to follow the agenda and called for the motions, vote, coffee break, whatever.
KerryL1
(California)

Posts:8729


07/27/2021 3:28 PM  
Been on this forum a looooonnnnng time and have not seen Bylaws that forbid the prez to vote at board meetings. Jennifer, will you please cite exactly what your bylaws say on this topic?

The Prez voting "only to break or make a tie" is the interpretation by some of Robert's Rules of Order. B ut even it says that shouldn't be used with Board of few than 12, which are rare in HOAs.

Meanwhile, totally agree that the president may vote at a members (owners) meeting like every other owner.

JohnT38
(South Carolina)

Posts:794


07/27/2021 3:31 PM  
As president I am allowed to vote. My father was the president of another HOA in my state and he was not allowed to vote except as a tie breaker.
MaxB4
(California)

Posts:1601


07/27/2021 3:43 PM  
This would apply only to Board meetings.

Under Robert's Rules of Order, the president is not required to abstain from making motions or voting on motions. Unless an association's governing documents prohibit voting by the president, he/she may actively participate in board meetings and vote on all matters brought before the board, whether in open or executive session meetings.
PROCEDURE IN SMALL BOARDS. In a board meeting where there are not more than about a dozen members present, some of the formality that is necessary in a large assembly would hinder business. The rules governing such meetings are different from the rules that hold in other assemblies, in the the following respects: . . . the chairman [may] . . . vote on all questions. (Robert's Rules, 11th ed., pp. 487-488.)

I have only had one association in 13 years that used Robert's Rules for Board meetings, so then governing documents would prevail and I have seen a couple that did not allow the president to vote except in a tie.
JohnC46
(South Carolina)

Posts:11665


07/28/2021 8:35 AM  
Posted By JohnT38 on 07/27/2021 3:31 PM
As president I am allowed to vote. My father was the president of another HOA in my state and he was not allowed to vote except as a tie breaker.



I have seen this rule before but I say it does not stop the President from holding another owners Proxy as they are in reality, voting for the other owner.
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