Can HOA member make a motion at annual meeting

The president recently allowed the bottom deck of the condo to be storage for snowmobiles. A survey was taken by the board at the request of a homeowner. The survey indicated that the homeowners did not want to have the snowmobiles stored on decks. When a homeowner asked why the snowmobiles were still on the deck, the president stated "it is only a survey a vote most be taken". The president refused to send a ballot so a homeowner sent a simple ballot out. The results indicated that the majority of homeowners did not want the snowmobiles on the deck. The president still refused to remove the snowmobiles.

Based on the results of the survey and ballot, can a homeowner make a motion at the annual meeting to remove the snowmobiles within 30 days

It's not clear that the convenants permit snowmobiles ---or were. So there may be room for a rule change. That's good question about putting in on the annual meeting agenda as a vote to change rule.

but can owners put such a thing on an annual meeting agenda? What % would need to approve it?? Must there be a quorum? How do you bylaws talk about rule changes?

It is a newly built development and the builder described the area as a "covered porch" The schematic of the condo deck has furniture sketched on the brochure. So the original purpose was a seating area.

This would be a rule and this is the first rule that we experienced. The by-laws are silent on who formulates the rules. MY concern is that our voice as homeowners has been silenced and this process will set precedent for all the forthcoming rules.

When the President and the homeowners are in conflict regarding a rule, what can the homeowners do?

There has been no consideration for snowmobile storage. This is Vermont and there are many locations to store snowmobiles adjacent to the snowmobile trails.

The consensus of the other condo developments in the area is that they do not want them on the property because it devalues the condos. We shared the results with the president but he refuses to remove them.

I disagree with the use of the word 'permit'. Covenants and restrictions no not, repeat not, 'permit' they merely RESTRICT.

If not restricted then it is permitted.

So the issue is: Do the Covenants restrict either storage or 'parking of toys' on the patios ?

Its likely its against fire code.

Read local/state fire code on storing gasoline/flammable material under a deck in a condo/multi unit environment. Its likely illegal. If you cant find the law talk to local fire dept.

Its one thing doing it yourself in your own house, its a completely different issue when its a multi unit building.

The homeowners already voted that they do not want the snow mobiles on the deck. The president refuses to acknowledge it.
my motion would be to remove the snowmobiles within 14 days otherwise there would a penalty. Can I make that motion?

The fire code issue was one I considered. I thought that it would considered lan open garage. However, the deck is constructed of wood and that might be the difference.

ElaineT, check your governing documents. It might be necessary to submit the agenda item in advance of the meeting.

I agree with the post above: remove the president!

The question was can a member make a motion at an annual meeting. It wasn't about the same at a Board meeting.

The answer is yes they can, under Robert's Rule of Order (or some other form of parliamentary procedures), in which is used to conduct member meetings.

Our docs say an owner can request a Motion be put on a BOD Meeting Agenda or the Annual Meeting Agenda. They cannot make Motions at either meeting. We have never had such a request.

Thanks for all your suggestions.
1. The fire code in town allows the snowmobiles on decks. It is akin to cars in a garage.

2. Thanks for the reference from Roberts Rules. We do (sometimes) use it at a meeting. It will be my best defense for a motion from the floor.

3. The HOA is only 36 residents. They are all second homeowners except me. Although my legal address is Massachusetts, I stay in Vermont.

4. Being second homeowners, it is hard to get them "fired up" about the abuse of Board power. We buy these second homes to get away from conflict. They don't want to
"rock the boat". Besides, I have not met a HOA female board president.

5. I am a retired superintendent of schools and my entire career was spent reading case law, rules/regs, etc. So I have the time and experience to investigate this. I was
also the board president of a county United Way so it was easy for me to "see through" the board.

6.. The president is a puppet to the property manager who is also the builder which is a conflict of interest. I think the builder/property manager told the perspective
buyers that he can't lower the selling price but can offer them deck storage for the snowmobiles. I have no proof whatsoever but it is the only conclusion as to why they
are being so persistent about this. The only other thought was a "power-struggle" but they are looking foolish among the residents.

7. I plan to be on the agenda regarding the snowmobiles but I cannot be specific with a motion to remove the snowmobiles. It has to be an element of surprise because I
have done my homework and I do not want them to come prepared to refute this.

8. While I have the floor, I will also discuss the abuse of power, violation of by-laws, and non-fulfillment of the fiduciary duties of the president. I will ask for a change in
leadership.

9. Our by-laws are very general and do not even discuss the process for establishing a "rule" How do your associations establish rules?

10. One last thing, the board will not share email addresses of the residents. So any correspondence that I send is by USPS. Is that controlling? Thank goodness for the
town tax records.