Member Rights Annual Membership Meeting

-- Pursuant to a HOA's governing documents and usually, state law, motions have to be put on the agenda and then properly noticed to members. The reason is that, for a valid vote on the motion to occur, members need to know in advance what the motion is, so they can decide whether to attend the meeting.

-- Questions should wait until the Member Comments section of the meeting.

-- The President should have explained this.

ADD ON

Typically only BOD Members can make motions.

Well if you were a member in good standing, you should have been able to vote. Check your documents - usually member in good standing means you're current with all assessments and own or co-owner a home in the community.

You said "someone" added member comments to the agenda - I'll assume that was a board memver. Since I didn't hear the exchange between You and the president, I don't know what prompted the remarks and the threat to toss you out. That said, the question could have waited until that time - and the president could have remained you of that in a more professional manner.

You can still send a letter to the board requesting a copy of last year's annual meeting minutes, which should note how many were there. Compare that with your document requirements to ensure there was a valid quorum to hold the meeting. In my community, we need at least 16 to either attend or turn in proxies by the deadline, or a combination, otherwise there is no meeting (which happened three years in a row before we finally had one last year). I don't know what will happen this year in light of COVID, but the meeting is in two weeks so we'll see.

I stand corrected. I spoke before I consulted our Docs and while not in our Docs, Roberts Rules say:

Members have the right to make motions during a meeting almost any time no other business is pending. The chair’s responsibility is to know whether it is in order to entertain a particular main motion.

-- Robert's Rules apply only if your HOA's Bylaws say they apply.

-- This still does not eliminate requirements for notice. Motions may not be made willy-nilly at membership meetings. Though I am sure many laypeople think otherwise. Though I will amend my earlier post to say that the topic on which any motion, and so vote, may be based must be on the agenda for the meeting of the membership.

Never stifle a persons right to be heard but also when they can do so must be controlled or a meeting can easily become a cluster kiss.

Generally, Robert's Rules apply if the bylaws say they do. Mine say they are a "guide." There is also something called general parliamentary law with motions that are generally accepted as legitimate motions in any meeting. My property manager does not like Robert's Rules, does not use it, and often interrupts the board with her version of parliamentary procedure. No, motions are not supposed to made will-nilly. Good point. Technically, what is to stop you from trying to make a motion that is not in order? You get the chair's attention and try to make your motion. As you undoubtedly know, if it is out of order, the chair is supposed to tell you "That motion is out of order" or words to that effect, and he moves on with other business.

Thanks, JohnC77 - always a pleasure to offer my thoughts, without being obnoxious.

I think this is the easy answer to being able to speak at the annual membership meeting - from FS720 (6):

(6) RIGHT TO SPEAK.—Members and parcel owners have the right to attend all membership meetings and to speak at any meeting with reference to all items opened for discussion or included on the agenda. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member and parcel owner statements, which rules must be consistent with this subsection.

Relating to the ability of a member to add an agenda item - it is not addressed, as far as I can see, in FS720 - may have missed it, though. If a member came to a Board meeting and convinced us to add an agenda item, prior to the agenda being sent out, great - it is obviously appropriate. I would not support motions made by members at the meeting - unless the topic is on the agenda - or has been opened some other way - otherwise it would be a free-for-all, when the core purpose of the meeting is simply to elect directors. Just read through Bylaws of three of my communities, and it is not addressed.

Relating to discussion of members - I would always be interested in hearing the comments of members - even if they are long winded - and especially if they were well thought-out and helpful. But, if the member is aggressively ignorant, destructive, nasty or personal with respect to the board or other members, I would shut them down and move on using the 3 minute rule.

In the last 5-6 years of meetings, across three communities in Florida and two in Virginia, I can recall no one attempting to propose during the meeting on a topic that was not on the agenda.

JohnC77 - did you want to offer further opportunities for me with this topic - or others?

KerryL1. Must a member's agenda item be posted in advance to make a motion? Not necessarily. There is "New Business" or what members come up with at the meeting. A member could make a motion during New Business. It would be nice to know ahead of time exactly what is going to come up at the meeting. I have seen few times anyone brought up new items under New Business.

The minutes. I was going to challenge the accuracy of the minutes. The chair did bring them up, asked for motion to approve, then asked if their were corrections. I announced that I had a possible correction. He ruled me out of order. I told him the members are supposed to vote on those minutes. He denied me the right to question their accuracy.

Yes, the "Member Comments" was deliberately intended to preclude making motions during that period. It as intended to keep members from doing anything except sit and do nothing. It was denying members their rights.

The quorum? I decided to make a Parliamentary Inquiry. I did not think we had enough members to hold the meeting. I think the property manager used the wrong method of determining a quorum, gave the board president erroneous information, and knew it. If there were not enough members, I was going to make a Point of Order that we did not have a quorum, and move to Adjourn the Meeting to another day and time until we did.

Many states require that an agenda be posted ahead of time. Not sure about Florida, as I don't live there full time, nor in an HOA there. In California though, unless it is an emergency, if it's not on the posted agenda, a motion cannot be brought up and action taken. Reason is that members should be allowed to know beforehand what topics are going to be discussed and possible action taken in order for them to make that important decision on whether to show up or not. In California, we vote by mail for elections and other things, so most don't bother showing up, again, unless it was announced ahead of time.

You didn't miss it. There's nothing there. Other places are different, I'm sure, but FWIW my HOA's Bylaws don't address it either. It's a huge grey area. "Who controls the agenda?" is a pretty important thing, in my opinion, and there's liettle guidance on it anywhere.

Arthur,

I believe speak means to comment on those topics that are on the agenda - and, this includes presenting motions.

If the topic was not on the agenda, then there is no requirement for the member to be heard (but I would almost always want to hear what the members thoughts are unless it became aggressive, or obnoxious or offensive), and I would certainly not support motions.

Of course, only Board members may present motions at Board meetings.

And, yes, I am on a board now, and have been president a few times.

Now - and, I am going to be clear - I do not profess to be an expert - but try and learn and share - so, if there is something I am missing ...