CMCA Meetings, Elections, and Voting 2 — Questions and Answers
Question 1: A homeowner submits a proxy designating their neighbor to vote on their behalf at an annual meeting. The neighbor arrives but the proxy form is unsigned. What should the meeting chair do?
- Accept the proxy because intent is clear
- Reject the proxy and deny the neighbor voting rights for that owner (Correct answer)
- Allow the neighbor to vote on non-election matters only
- Table the issue until the homeowner can be reached
Correct answer: Reject the proxy and deny the neighbor voting rights for that owner
An unsigned proxy is generally invalid, so the designated proxy holder cannot exercise voting rights on behalf of the absent owner.
Question 2: Under Robert's Rules of Order, which motion takes precedence over all other motions on the floor?
- Motion to table
- Motion to adjourn (Correct answer)
- Motion to postpone indefinitely
- Motion to refer to committee
Correct answer: Motion to adjourn
The motion to adjourn is privileged and takes precedence over all other motions, allowing the meeting to end.
Question 3: A community association's governing documents require a quorum of 30% of total membership. If 250 units exist and 74 owners attend, what is the quorum status?
- Quorum is met because 74 exceeds 30% of 250
- Quorum is not met because 75 members are required (Correct answer)
- Quorum is met because proxy votes are always counted
- Quorum status cannot be determined without the budget
Correct answer: Quorum is not met because 75 members are required
30% of 250 units equals 75, so 74 attendees fall one short of the required quorum.
Question 4: A board wants to conduct a vote by written ballot outside of a meeting. Which condition typically must be satisfied for this to be valid?
- All owners must agree unanimously to use written ballots
- The governing documents or state law must authorize the written ballot procedure (Correct answer)
- Written ballots are always prohibited for association elections
- The manager must notarize each returned ballot
Correct answer: The governing documents or state law must authorize the written ballot procedure
Written ballot procedures conducted outside formal meetings must be expressly authorized by the association's governing documents or applicable state statute.
Question 5: During a board meeting, a director wants to speak against a motion she herself made. Under Robert's Rules, can she do this?
- No, the maker of a motion is assumed to support it and cannot speak against it
- Yes, a director may speak against her own motion after it has been seconded (Correct answer)
- Yes, but only after transferring the motion to another director
- No, she must first withdraw the motion before speaking
Correct answer: Yes, a director may speak against her own motion after it has been seconded
Under Robert's Rules, the maker of a motion may vote against it and speak against it after it has been seconded and is on the floor.
Question 6: State law requires association elections to use a secret ballot. The board proposes using a show of hands for a contested board seat to save time. This action is:
- Permissible if a majority of present owners consent
- Permissible because board efficiency can override statute
- Impermissible because state law supersedes board preference (Correct answer)
- Permissible only if the association's bylaws are silent on the issue
Correct answer: Impermissible because state law supersedes board preference
State statutes establishing secret ballot requirements for elections cannot be overridden by board resolution or member consent.
Question 7: An owner challenges the eligibility of a candidate at the annual election, claiming the candidate is delinquent in assessments. The inspector of elections should:
- Immediately disqualify the candidate based on the owner's allegation
- Allow the election to proceed and refer the eligibility question to the board or legal counsel for a ruling (Correct answer)
- Postpone the entire election until the delinquency is resolved
- Allow only the delinquent candidate to decide whether to withdraw
Correct answer: Allow the election to proceed and refer the eligibility question to the board or legal counsel for a ruling
The inspector of elections oversees the voting process but eligibility disputes are typically resolved by the board or legal counsel, so the election should proceed while the challenge is referred.
CMCA Meetings, Elections, and Voting 2
A homeowner submits a proxy designating their neighbor to vote on their behalf at an annual meeting.
The neighbor arrives but the proxy form is unsigned.
What should the meeting chair do?