Q: Our Board recently met to discuss an important issue. A motion was made and voted on but there was no “second” to the motion. How should we fix this, and do we have to fix it in the minutes?
– G.H., Naples
A: A proper motion must be seconded before it is voted on. Without a second to a motion there is no vote and if there is a vote it is not valid. In such cases the minutes would properly reflect that the motion died for lack of a second. In your case this should be corrected as soon as possible. At a Board meeting the Board should vote, with a proper motion and second, to ratify and affirm the previous vote. This should be clearly documented in the minutes.
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Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, DeBoest & Cross, PLLC. T o ask questions about your issues for future columns, send your inquiry to: info@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.