Ekmark & Ekmark, LLC

Ekmark Law

The information contained in the Homeowners Association Tips© is for informational purposes only and does not constitute specific legal advice or substitute for specific legal counsel.  Readers should not act upon this information without seeking professional counsel. Please do not hesitate to contact us at 480-922-9292 with any further questions on these issues.

You are here : Home / HOA Tips / Board Meeting / Voting by the board president
A+ R A-
Friday, 17 December 2010 11:03

Voting by the board president

The procedure for voting by the board of directors at board meetings is governed by the association documents.  Some boards are under the mistaken impression that there is a general principal of law providing that the board president is not allowed to vote, or that the president can only vote in the event of a tie.  There is no such law.  The president is entitled to vote on any matter facing the board, just like any other director, unless there is explicit language in the association documents (typically the bylaws) providing that the president does not vote, or only votes in the event of a tie.  If there is no such language in the documents, the president has the same voting rights as the other directors.

Some people get confused because they believe Robert’s Rules of Order prevents the president of the board from making motions or voting on matters that come before the board.  Although Robert’s Rules sets forth these requirements, it also states that these requirements should only apply to boards comprised of 12 or more members.  If a board consists of less than 12 members, Robert’s Rules states that the board should follow the rules for committees.  Under committee rules, the chair of the committee can make motions and vote on motions.  Therefore, the president of the board can make motions and vote on motions unless provisions of the association’s governing documents prohibit such actions.