DISSENTING VOTES

QUESTION: When the board votes, is it required that the names and how each board member voted be disclosed?

ANSWER: All board votes must be recorded in the minutes. But, since boards are not required to follow any particular rules of parliamentary procedure, most associations simply record that a motion passed or failed. If directors want to be on record that they voted for or against a particular motion, they must speak up at the time the vote is taken and ask that their vote be recorded by name.

QUESTION: The board voted to repair our 20-year-old roof rather than replace it, but I believe strongly that repairs are insufficient and we will have significant leaks that will damage the common areas and owners' units. What can I do?

ANSWER: Consider asking the board for an independent roofing consultant to evaluate the roof. Such an evaluation will bring expert information to the board's attention. If the directors refuse or if they choose to ignore the expert's advice, you should not disrupt meetings, threaten the board, or impugn fellow directors' integrity. Disagreement is normal and, although it seems unlikely, it may be that the board's decision to delay roof replacement will turn out to be the right decision--provided the board is quickly building up reserves for that purpose. Make sure your dissenting vote is recorded in the minutes. Later, if the roof develops significant leaks and the board is sued, you should be able to avoid liability.

Updated by ADAMS KESSLER 8/9/2008