Question:
We had a Board meeting recently, July 22, where a motion to accept a vendor to repair our community front gate was voted by majority of Board members. At this time the contract for services has not been signed by all parties.
Can a moot reversal be applied to allow for additional discussion on the matter? What are the differences between the availability to use a moot reversal and having to use motion to reconsider? how would they be implemented? Thanks.
– Scott
Answer:
Hi Scott,
In general, a moot reversal can be applied when the original decision is no longer valid due to changes or procedural errors, and it involves an informal consensus to declare the motion moot based on new circumstances.
Conversely, a motion to reconsider is a formal process allowing the Board to revisit a decision, requiring a member who voted on the prevailing side to make the motion, followed by a second, debate, and a majority vote to reopen the original motion for discussion and potential revote.
To implement a moot reversal, convene a board meeting, discuss the new information, and reach a consensus or vote. For a motion to reconsider, a member moves to reconsider, it is seconded, the Board discusses, and a majority vote determines whether to reopen the motion.
Given the unsigned contract, a moot reversal might be simpler if there’s agreement, while a motion to reconsider ensures a formal, documented process if needed. That said, you should still check your governing documents for guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
