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Read your governing documents to determine whether this is required and why it might be required.
Owners' votes are cast based on ownership and the allocated interest of each owner. Further, your state's corporate law -- upon which your By-laws are based -- may shed light on this practice if your association is a corporation.
Generally, this practice fails in the face of the notion of a democracy with rights of privacy regarding individual votes: condominiums are private democracies. In addition, votes are usually published using percentages of votes for or against a measure.
No guideline may exist that requires publishing votes by voter name, but if you find such language in your governing documents, you may be required to follow it.
There may be governing-document language that requires board member vote tracking.
(As well, learn what percentage of votes is required to amend your By-laws, and unless there is a valid reason for this practice, remove it from your governing documents by amending them.)
A local association-savvy attorney may be able to help you overturn such measures where voters' privacy has been compromised if, indeed, there is no language in the governing documents or the state law requiring this action.
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Owners and board members don't agree?
Often owners and board members don't agree. Your governing documents that bind the conduct of the board and all the members of the association (owners) indicate in some way how issues are to be handled. Note that members (owners) elect board members, and there are some issues upon which only board members -- not owners -- vote. If owners want to overturn a board vote, your governing documents may describe a percentage of owners who can vote to overrule a board vote. Sometimes this is a simple majority, sometimes a plurality is required and other times a vote must be a 'super-majority'. Owners in opposition to a board vote can educate themselves about how to bring the issue back to the board meeting agenda and vote to overrule the board's vote.
What is the penalty for not notifying owners of a board meeting?
Read your governing documents to determine what kind of notification is required for a board meeting. There are board meetings where no vote is taken, which are working board meetings where matters are discussed, options weighed, and so forth, when it is unlikely that owners would want to attend. Remember, board meetings are just that: board meetings. They are not owners' meetings. The annual meeting is usually the only meeting where owners are automatically invited to contribute from the floor. Otherwise, owners must notify the board officially about an issue using the official notification procedure established by the board. When boards meet and vote, proper notice must be given to owners. The penalty for not including owners in these meetings is to be called out in a subsequent meeting by an owner who can ask that the matters voted on in secret be discussed with owners present, and voted on again in public.
Can a resident with power of attorney who is not a deed owner attend condo board meetings in NJ for a deed owner?
Open board meetings mean open, usually to at least owners and may include residents. The board must have a basis upon which to deny you access to an open board meeting if you are a resident. If a vote of owners is on the agenda, you need a signed proxy in order to vote in the name of the titled owner.
Can the condo association close a swimming pool without a majority vote from owners?
Read your governing documents to determine whether or not this board action requires an owner vote. There is no standard.
What does the board of county commissioners do?
They appoint clerks to keep official records of the board's work, to publish notices, to conduct research, and to carry out other duties, such as providing info about county government to citizens.
What to do when the board refuses to honor vote of the majority at a properly called special meeting of unit owners of the condominium association?
Read your governing documents and determine what percentage of owners are required to overwhelm your board. It may be 51% or 67% or some other large percentage.If you have the percentage of owners voting that are required, you can engage an attorney willing to take on clients who are not associations. The attorney can help you get your board's attention.
How do you remove a condo board member?
Condo board members are typically not hired but elected by condo owners in the association. They are usually residents who volunteer their time to manage and make decisions for the condo community. In some circumstances, such as if the board cannot find enough volunteers, they can contract out some positions to non-owners, but this is not commonly practiced. And if handling board duties becomes a little overwhelming, engaging a modern property management company like Daisy might be a great choice. They can streamline many aspects of property management, making both board members and residents' lives noticeably more comfortable.
Can a president override a vote by the board of directors?
No. Unless your governing documents give the president the right to override a board vote, the majority board vote of the board stands. Usually, a president votes to break a tie in a board vote, and otherwise does not vote. Read your governing documents to understand more fully how board votes work in your association.
How does condo assocation owners remove the assocation's trustee?
You can find the how-to guide in your governing documents.Usually, it takes a large percentage of owners -- more than 50% and sometimes 67% or more -- to remove a director or a board member by a vote or petition.
How do you vote in a member to a Board of directors?
Read your governing documents to understand the process. Usually, at the annual meeting, after candidates apply for a board position, the membership, made up of unit owners, votes on the candidates. Candidates elected are added to the board, and the board members decide which post each director will hold.
Can an ex officio member vote on a Board of Directors?
An ex-officio member can vote. The word ex-officio simply means that the person is a member of a committe or board because of their position, i.e., president but has nothing to do with that person's right to vote on the committee (for which they are rightfully a member).
Is it legal in NC for a board member to try and persuade owners to change their ballots pertaining to an assessment?
Voting in an association is the right of every owner. As in a citizen's vote, your responsibility is to understand the issue and vote according to your own conclusion. Owners can vote in person, by written ballot, or by proxy. If a board member -- or any owner-- wants to collect proxies, then all the votes represented by proxies can be used to vote one way. Once an owner has voted, either in person or by ballot, it's improper for anyone to attempt to change an owner's vote. Once cast, a vote cannot be changed. In some states, assessments are not voted on by the members, rather the board votes to approve assessments. Then assessments are ratified by the members. Ratification is automatic unless a percentage of owners -- your governing documents will specify the number -- appear in person, by written ballot, or by proxy, to defeat the assessment. (Often, association budgets are passed and ratified in the same way. Again, specific governing documents will clarify the process and percentage specific for each association.)
