Motions by Members

Are you on the Board, Bill?

I'm guessing that motions can't be made on topics that aren't listed on the agenda. But, luckily for you, there are quite a few here who live in SC HOAs who might know the answer.

IF somehow homeowners can make motions that may not be voted on cuz they oppose your governing docs, which require ballots, etc., yes, right, the presider will call the motion out of order and no discussion or vote can occur.

Is there a reason this particular topic hasn't been on a Board meeting agenda? Just curious.

Motions in my HOA are "supposed" to be on the agenda. Our HOA usually asks for members input in suggesting items to be considered at the meetings we have. However I can think of an instance recently where a we voted on a subject that just popped up the meeting and was off topic (right or wrong we all agreed to it and did it). We didn't wan't to plan another meeting. We operate somewhat casually in my HOA so someone else here from SC hopefully will chime in I'm sure, also my HOA is less than a quarter of the size of yours. Remember SC does not have any HOA specific laws so it relies on the CC&Rs as the contract between owners and that is what ultimately rules. Every HOA is unique here.

Laws vary by State.

Unless there is a Statute or governing document that limits discussion at meetings only to those items on the agenda, during the open forum session, a member may certainly make a motion.

Since most governing documents specify what issues are required to be brought to the membership (typically increase in assessment over x amount, special assessments, elections of Directors, recall of Directors, amendments and, perhaps, budget approvals) everything outside those specific items are normally within the Directors authority (based on typical phrasing in governing documents along the lines of: "The Board of Directors shall have all of the powers necessary for the administration of the affairs of the Association subject to any limitation set forth in the Declaration of Covenants Conditions and Restrictions or the Articles of Incorporation."

Therefore, typical motions from the membership (that I am aware of) would fall under an advisory motion to the Board. Example:
Motion from floor to replace the slide in the playground.
Motion carries. However, since expenditure of funds is typically under the authority of the Board, this would become an advisory motion to the Board. Something for them to consider and approve, deny, or delay by placing the issue in the following years budget.

Notice requirements will normally prevent changes to anything already brought before the membership for a vote. Therefore, those type of motions are typically more of an argument for or against something. Example: Brought to the membership is a proposal to raise assessments by 10%
Motion from floor to only raise it by 9% - notice requirements would prevent this motion from being carried forward. However, it can be used as an argument to defeat the proposed increase.

It's also typical for members to be allowed to bring up any issue during the open forum session of the meeting. However, as I posted earlier, State law varies.