B.M. from Bear County, Indiana writes:
Dear Mister Condo,
Mister Condo replies:
B.M., I am not fully sure I understand your questions so forgive me if I give an obtuse answer here. Votes to ratify a budget or an agenda item are two different things. Typically, the budget is voted upon at the Annual Meeting in accordance with the governing documents of the association and state law. Most commonly, a simple majority is required. Many associations achieve the majority via proxy vote if enough owners don’t attend the meeting when the vote is held. Some states and associations consider the budget ratified if a majority of homeowners do not object, meaning an absentee vote is treated as though it approved the measure. Agenda item votes are another matter. Typically, the Board, and only the Board vote on agenda items unless that item was placed on a ballot before the general membership. Special assessments, for instance, often require a vote of the membership once they hit a certain amount. Again, the rules for passing the motion must be followed. The Board cannot dictate anything. The association rules and state law must always be followed. Provided the voting rules have been followed, it is a correctly passed motion and can be implemented. I hope that help!