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JohnC46 (South Carolina)
Posts: 14,265
Posted:
ALL

Is it possible for a Motion to be raised (was no written notice of such) at the Annual Meeting that requires it be voted on at that time?

Thanks

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By JohnC46 on 12/20/2014 8:25 AM
ALL

Is it possible for a Motion to be raised (was no written notice of such) at the Annual Meeting that requires it be voted on at that time?

Thanks


If you're following Roberts Rules, yes. But the real answer likely lies in your bylaws or in your state's HOA/Condo laws or corporate laws.
TimB4 (Tennessee)
Posts: 21,059
Posted:
John,

It depends on what the motion is for. If it's changing wording to an amendment or the amount of a special/increase in assessments, then I would say no. This is because those who sent proxies or did not attend may have made different choices based on the new language or amount of assessment. However, a motion such as requiring the Board to look at changing management companies, I don't see as becoming an issue that the earlier examples could be.

Typically HOA laws have specific notice requirements that can prevent many motions (like the examples given above) from being made from the floor at an annual meeting. However, since SC does not have an HOA law, notice requirements would be contained within your governing documents.

JohnB26 (South Carolina)
Posts: 1,001
Posted:
...or within S.C. not-for-profit corporate law

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