C.S. from Lee County, Florida writes:
Dear Mister Condo,
Can a board member rescind his vote?
Mister Condo replies:
C.S., the short answer is that it depends. Entire Boards can rescind votes, particularly if new information comes to light that makes the previous vote moot or inappropriate. Unless specifically forbidden in the governing documents and individual Board Member may do the same thing. Depending on the severity of the impact tot the association for the item that was being voted on, rescinding a vote may not be appropriate or allowed. For instance, if a Board voted to enter into a contract with a vendor based on the votes at a Board meeting the month before, and the contract was executed during that month, a Board Member may not rescind his or her vote because the contract was already signed and the association was already contractually obligated to the vendor. A Board Member that rescinds a vote for no apparent reason or for a reason where the majority of the association does not agree may find himself the subject of a recall. At the end of the day, the rescission of a vote should not be taken lightly by the Board Member or the association and used rarely and with extreme caution. I hope that helps.