CMCA Meetings, Elections, and Voting 4 — Questions and Answers
Question 1: 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?
- The bylaws control because they are more specific than the declaration
- State statute controls if it requires a membership vote for bylaw amendments regardless of what the bylaws state (Correct answer)
- The board's interpretation always controls internal governance matters
- The owner's argument prevails automatically when challenged in writing
Correct 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.
Question 2: An owner moves to 'table' a motion at a membership meeting. Under Robert's Rules, what does this action accomplish?
- It permanently kills the motion so it cannot be revisited
- It postpones consideration of the motion to a later time in the same or subsequent meeting (Correct answer)
- It sends the motion to a committee for further study
- It requires a two-thirds vote to revive the motion later
Correct 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.
Question 3: A board holds an emergency meeting via telephone conference call without prior notice. For this to be valid, which condition is typically required?
- At least one director must be physically present in the association's state
- The emergency meeting must be ratified by a membership vote within 30 days
- The governing documents or state law must authorize meetings by telephone or electronic means (Correct answer)
- Emergency meetings are never valid without 48-hour written notice
Correct 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.
Question 4: At an annual meeting, owners want to remove a board member. Which vote threshold typically applies to board member removal?
- A simple majority of a quorum present at the meeting
- A majority vote of the entire membership (not just those present), or the threshold specified in governing documents (Correct answer)
- A unanimous vote of all remaining board members
- Removal requires a court order and cannot be done by membership vote
Correct 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.
Question 5: The association manager sends the annual meeting notice but omits the candidate registration deadline. Which risk does this create?
- No risk, because candidate registration deadlines are not legally required
- Potential election challenge on grounds that the notice was defective, possibly invalidating results (Correct answer)
- The election must be postponed for exactly 30 days by statute
- Owners can add candidates from the floor without any deadline
Correct 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.
Question 6: What does 'ratification' mean in the context of association governance?
- The process of appealing a board decision to the membership
- Formal approval by the appropriate body of an action that was already taken without prior authorization (Correct answer)
- A court process to validate election results
- The manager's written confirmation that minutes are accurate
Correct 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.
Question 7: 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?
- Yes, an absent director may submit a written vote to be recorded
- No, only members present and voting when the motion was decided can have their votes recorded in the minutes (Correct answer)
- Yes, but only if the board unanimously agrees to record it
- No, absent directors are automatically recorded as abstaining
Correct 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.
CMCA Meetings, Elections, and Voting 4
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?