Meetings, Elections, and Voting Flashcards

A condominium association's bylaws allow amendments by a two-thirds vote of the board. An owner argues that bylaw amendments require a membership vote. Which source controls?

Answer: State statute controls if it requires a membership vote for bylaw amendments regardless of what the bylaws state

State statutes that mandate membership approval for bylaw amendments supersede conflicting bylaw provisions, as statutes are the highest source of authority.

An owner moves to 'table' a motion at a membership meeting. Under Robert's Rules, what does this action accomplish?

Answer: It postpones consideration of the motion to a later time in the same or subsequent meeting

Tabling (lay on the table) temporarily suspends consideration of a motion so the assembly can address more urgent business, but the motion can be taken from the table later.

A board holds an emergency meeting via telephone conference call without prior notice. For this to be valid, which condition is typically required?

Answer: The governing documents or state law must authorize meetings by telephone or electronic means

Telephone or electronic board meetings are only valid if authorized by the association's governing documents or state statute.

At an annual meeting, owners want to remove a board member. Which vote threshold typically applies to board member removal?

Answer: A majority vote of the entire membership (not just those present), or the threshold specified in governing documents

Board member removal typically requires a vote of the entire membership or the threshold specified in the governing documents, which is often higher than a quorum-based majority.

The association manager sends the annual meeting notice but omits the candidate registration deadline. Which risk does this create?

Answer: Potential election challenge on grounds that the notice was defective, possibly invalidating results

Omitting required information from a meeting notice can render the notice defective, exposing the election results to challenge or invalidation.

What does 'ratification' mean in the context of association governance?

Answer: Formal approval by the appropriate body of an action that was already taken without prior authorization

Ratification is the retroactive approval of a previously unauthorized action, giving it the same legal effect as if it had been authorized beforehand.

A director who is absent from a board meeting wants her 'no' vote recorded on a resolution that passed in her absence. Under Robert's Rules, can this be done?

Answer: No, only members present and voting when the motion was decided can have their votes recorded in the minutes

Under parliamentary procedure, votes can only be cast by those present when the motion is decided; absent members cannot retroactively cast or record votes.