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LindaC3 (Florida)
Posts: 526
Posted:
Happy New Year to all--- As we approach our Annual Members Meeting to elect our future BOD I have a question with regards to items to be placed before the Members---- Does an item need to put on the agenda in order for it to be discussed and voted upon by the Members at our Annual Membership Meeting? The reason for this question is that a Member here has been told by the CAM that it DOES NOT need to be on the agenda and I feel that in order for us (the Members) to know anything about it it should be placed on the agenda in order for us to have knowledge of what the guy is talking about-- I also fee the BOD will not allow for discussion due to the fact that they (BOD) did not have knowledge that this item was coming before the group fo discusson and vote--- What say ye all ???? Thanks again for the input as always Linda C (Fla)
RogerB (Colorado)
Posts: 5,067
Posted:
Linda, If a vote is planned on a known item it should be listed as a specific item on the agenda. Certain items must be on the agenda of an annual meeting and some itmes, such as amendments, must also be in a notice to members prior to a members meeting. In addition, members may wish to bring up other items (less critical) which they desire to present for a vote which are not known by the person preparing the agenda. To provide for any such situations I suggest using an agenda item referred to as "Other New Business".
BrianB (California)
Posts: 2,820
Posted:
it may also be illegal to bring an item to vote without having it on the agenda and announced. In Arizona, for instance, proxies are not allowed, so having a "sudden vote" on something after the absentee ballots are sent out and returned nullifies their effect, and might be cause for an objection or lawsuit. Owners voting via absentee ballot would not have had their chance to vote, which is required (in some cases) by law.

so my advice is yes, for any vote of the owners themselves, the item needs to be on the agenda, sent out ahead of the meeting, so all members can have input and be able to show up or vote properly.
LindaC3 (Florida)
Posts: 526
Posted:
Good day group--- another question with regards to items on the agenda.....last jan 15 2006 at our annual meeting we were surprised with a "purple" ballot attached to our regular ballot ..It was briefly explained that it was to vote for an audit or a review..We all were surprised by this "sudden" ticket .....They grouped together 2004- 2005 - 2006 for the vote...(A Clear violation of Statute) They allowed proxy voting with regards to this matter and a LARGE group of us here feel that we were not notified properly in advance that we would even be voting for an audit....or a review..Fla State allows for a lesser level of financial reporting in lieu of an a MANDATORY AUDIT-- It gives us 3 choices for that reporting and we were not given those 3 choices.

As we draw closer to this years election this matter has created a major rift in the community and once again we have not been made aware of the choices.No agenda has been posted ...After further reading into the Statutes most of us agree that the vote last year was an invalid vote ...Any advice into how to handle this matter this year when it comes time to vote ?? May a member make a motion to postpone the vote due to the improper lack of notification and wording on this purple ticket? Thanks as always for your time and input ....Linda C

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