By Beth Mulcahy, Esq.
I suggest that association board members check their documents (i.e. CC&Rs, bylaws or articles of incorporation) to determine if there is a restriction on the association’s president regarding voting at board meetings. Most documents are silent on this issue, so there is typically no restriction on a president’s right to exercise his/her right to vote on any issue.
Some boards have adopted policies that only allow presidents of an association the right to vote to make or break a tie. The rational for this type of voting is that the president will be able to be an independent arbitrator of issues in the association. Additionally, a board president can step down for a particular vote, giving authority to the vice president, and exercise his right to vote.
If the association’s documents do not restrict a board president’s right to vote, it is the opinion of my firm, Mulcahy Law Firm, P.C., that it is legally proper and a good idea for a board president to vote at board meetings.
If your association has question regarding all aspects of board and annual meetings please contact the Mulcahy Law Firm, P.C. to have an attorney assist you.