Monday, November 20, 2017
Home and Garden

Community Living: Board president can vote if first elected as director

RECOMMENDED READING


President can vote if elected as a director

Q: Can a president of a HOA make a motion or second a motion at a board meeting? Our bylaws say that we must operate under parliamentary rules, the latest edition of Robert's Rules of Order.

A: No place in Robert's does it say that an association president is restricted from voting or making motions. It is, however, covered in the statutes that all directors are responsible for the operations and maintenance of the association. Thus, if the president was first elected as a director and then the directors elect him as the president; his first responsibility is that as a director. It is called a "Board of Directors Meeting." That means the directors have nominated someone to conduct the meeting and, in your case, that is the president. He has his first responsibility as a director, but has a duty to control the meeting. Yes, the president that has a director's responsibility in a meeting has the right to vote, make motions, and second motions as well as address the other directors.

If the directors nominate another person who is not a director, such as the manager of maybe an attorney, they would not vote or make motions.

Is there a way to stop amendments?

Q: I find your columns very educational. Please guide me in the right direction. Our board has established a committee to devise a policy to allow our members to add patios to first-floor units. In the past years, the members have voted down any plans to allow patios. It seems like each year the board keeps bringing up the same question and it is coming up again this year. How many times can the board present to the members to vote? Can we put an end to this amendment that keeps coming up?

A: Thank you for understanding that my column is an educational resource and not to be accepted as legal solutions or legal opinions. What I have said in the past is that my answers are a source of information and there may be other answers that will solve the question, maybe even better than my answer.

As to your question about voting over and over on the same motion, I have found over the years that some people will not accept one answer. Until you change the leadership in your association, my guess is that the matter will not go away.

The statutes clearly state that no owner can exclusively use the common areas unless it is approved by the members. There is another minor problem that is any such addition must have proper permits. What that means is that the county records would have to be amended for the units that made additions. That would mean that their tax base should increase.

The condominium must also establish a maintenance responsibility and use policy. The board would most likely have to establish an architectural policy that defines size, material, and construction details.

I would also suggest that the association attorney become involved as to the wording and voting of the motion.

Comments
Disney-Pixar’s ‘Coco’ has a Dia de los Muertos theme and is, well, lifeless

Disney-Pixar’s ‘Coco’ has a Dia de los Muertos theme and is, well, lifeless

Disney-Pixar’s Coco was more enjoyable three years ago when it was titled The Book of Life and came from Twentieth Century Fox.Both animated features spring from Mexico’s Dia de los Muertos celebration, the annual "day of the dead" when departed rela...
Updated: 12 hours ago
‘Three Billboards Outside Ebbing, Missouri’ is a study in grief that’s so much more

‘Three Billboards Outside Ebbing, Missouri’ is a study in grief that’s so much more

Three Billboards Outside Ebbing, Missouri is where Mildred Hayes vents grief over her daughter’s rape and murder, and anger toward a police chief who hasn’t solved the case. Ten words on stark canvases setting off a powder keg of poetic cruelty and u...
Published: 11/16/17
Updated: 11/20/17
What’s new in theaters this week: ‘Justice League,’ ‘Wonder,’ ‘The Star’

What’s new in theaters this week: ‘Justice League,’ ‘Wonder,’ ‘The Star’

OPENING FRIDAY:JUSTICE LEAGUEHow many superheroes does it take to salvage a comic book universe?Six. Five doing the heavy lifting and the Flash, who’s the lowercase joker DC’s too-serious superhero franchise needs.Justice League assembles two overdon...
Published: 11/15/17
Updated: 11/19/17
Why ‘Justice League’ nearly gets it right but still has DC movie problems

Why ‘Justice League’ nearly gets it right but still has DC movie problems

How many superheroes does it take to salvage a comic book universe?Six. Five doing the heavy lifting and the Flash, who’s the lowercase joker DC’s too-serious superhero franchise needs.Justice League assembles two overdone caped/cowled icons, a fresh...
Published: 11/15/17
Updated: 11/17/17
Hometown Hernando for Nov. 17

Hometown Hernando for Nov. 17

Published: 11/15/17
Updated: 11/17/17
Five cool things to see in ‘Star Wars and the Power of Costume’ in St. Petersburg

Five cool things to see in ‘Star Wars and the Power of Costume’ in St. Petersburg

Do you sense a disturbance in the Force?That would probably be the landing of "Star Wars and the Power of Costume" at the Museum of Fine Arts, St. Petersburg, earlier this week. I got a preview of the blockbuster Smithsonian exhibit (docked in our co...
Published: 11/15/17
Timely Tendings: Use the least toxic option when controlling vegetable pests

Timely Tendings: Use the least toxic option when controlling vegetable pests

Control pests on vegetable plants using least toxic methods Scout your vegetable garden regularly for insect pests. Be sure to look for beneficial insects like lady bugs, green lacewings, and minute pirate bugs. These will help control common pests l...
Published: 11/11/17
Updated: 11/14/17
Disney announces new Star Wars trilogy and TV show as well as ESPN streaming service

Disney announces new Star Wars trilogy and TV show as well as ESPN streaming service

Disney is doubling down on "Star Wars." On a conference call with analysts Thursday, CEO Bob Iger said that the company is planning a brand-new "Star Wars" trilogy as well as a "Star Wars" series for its Disney streaming service coming in 2019. "Star...
Published: 11/09/17
What’s new in theaters: ‘Murder on the Orient Express,’ ‘Daddy’s Home 2’

What’s new in theaters: ‘Murder on the Orient Express,’ ‘Daddy’s Home 2’

OPENING FRIDAY:MURDER ON THE ORIENT EXPRESSAgatha Christie’s signature mystery Murder on the Orient Express gets a classy remake 43 years after Ingrid Bergman won her third Oscar as one of a dozen unusual suspects.Kenneth Branagh and an impressive fa...
Published: 11/08/17
Updated: 11/14/17
A peek at the Star Wars costumes coming to St. Petersburg with ‘Star Wars and the Power of Costume’

A peek at the Star Wars costumes coming to St. Petersburg with ‘Star Wars and the Power of Costume’

A galaxy far, far away just got a lot closer. More than 60 hand-crafted costumes from the Star Wars saga landed this week as part of the Smithsonian traveling exhibit "Star Wars and the Power of Costume," docked at the Museum of Fine Arts, St. Peter...
Published: 11/08/17
Updated: 11/13/17