Shackled by Robert's Rules?

A bit of hyperbole in the title but it probably got your attention.

Our bylaws require that we follow Robert's when running our meetings and I'm inexperienced running meetings with that requirement. I've made a (I think) reasonable nod at using Robert's in our board meetings but we've got our first annual meeting coming up where the homeowners will have their first chance to elect a new BOD. Our owner-control of the HOA is almost a year old now.

I also expect that a few Vocational Dissidents will attempt to hijack the "homeowner input" portion of the meeting with one or more motions to take the HOA in directions that both won't be appropriate for the annual meeting and likely won't be successful in the long run.

Given that the lowest level of document, our bylaws, requires we use Robert's for meetings, how much are we actually required to address and entertain motions from the floor?

To give a concrete example, I fully expect one of the VD's to argue that we should hire a management company to help run the HOA and that the topic is likely to be seconded if our other
VD is present at the meeting. These VD's don't understand that a MC doesn't "run" the HOA and they've previously demonstrated that they can't have a disagreement with a neighbor without it getting personal. They believe a MC will give them someone to be angry with and still keep things Disney-happy in the 'hood.

IMO this is a topic that should be taken up by the incoming, not the outgoing board for two reasons. 1) I have no doubt the VD won't be prepared to fully cover the pros and cons of engaging a management company as well as what they might do differently from what we're already doing ourselves and 2) One of the first decisions the current board made was to give the neighborhood a year with self-management and then bring the matter up for discussion. That rightly is something the new board should consider.

I think I can rightly address this topic as "new business" and shuffle it off to the next board meeting since it likely won't be on the agenda for the annual meeting. Not sure how I'll respond if they ask that it be added to the agenda before the meeting.

Thoughts, questions?

TIA

a few comments.

Are you looking for the rules/process/instructions for holding a meeting, in general?

Your Bylaws instruct adherence to RobertsRules. Why would you think you don't have to follow them? Is there anything in AoI or CCR's that say otherwise? If not, this is a moot point.

You stated this is an Annual Meeting, which means its a Meeting of the Membership, not of the Directors. The Members are allowed to make motions and commentary, within the framing of RobersRules.

You as the President are responsible to manage the meeting, to determine quorum and maintain adherence to quorum standards and that the meeting stays on agenda and that discussion and motions follow the rules.

You also need to understand that Motions from the Membership and votes cannot amend governing documents without proper process (notice, consideration, quorum, vote counting, etc) as well as motions cannot violate existing governing documents. In general, motions would direct the leadership to consider and take action in the future on a given topic.

I'm not sure what a VD is, but a motion to instruct the Directors to evaluate and/or hire a management company seems perfectly cromulent. Especially because the decision to pay for a MC is totally within the authority of the Directors.

I agree, this probably falls into 'New Business" section from the Membership. I also agree that the new Directors should take up this task. Perhaps the best option is to "motion to table this topic to the next board of directors" and get a second.

MichaelH34

Keep in mind, many association documents permit nominations from the floor prior to the election of Directors. In those associations, the candidates do not have to have submitted a candidate nomination/biography form for inclusion in the Annual Meeting package.

When someone is nominated from the floor in one of our client organizations, we provide the nominated candidate a few minutes to address the owners in attendance or on Zoom, introduce themselves, etc.

Please understand your documents on this point in advance of the meeting so you are prepared if someone is nominated (or self nominates, which is also permitted and encouraged).

First, MichaelH, are there notice requirements in NC ? In other words, does anything an Owner brings up have to be on the agenda? If so and the owner asks for an MC item to be on the agenda, tell them, as Augustin advises, that only the board may decide, etc. The the owner that the board will hav it on the next board meeting agenda, which yay allude to anyway, Michael.

Does NC or your Bylaws require an "open forum" during which owns can bring up any topic they wish?

Even if a VD somehow makes motion new MC and it's seconded, you or ANY owner or director can call "Point of order!; only the board has the authority to decide whether to seek an MC."

Michael

It takes a strong person to keep the meeting on tract. One not afraid to rule someone out of order.

I say set an agenda and stick to it. I believer Roberts Rules call for this.

Have a question and answer session. Set a limit on how long one may talk on a given issue. Be lenient. Let people speak.

Remember any one not on the BOD cannot make a motion. If one does, rule them out of order.

JohnC46, that last is something that I still don't fully grok (showing my age here) in that Robert's says that only "members" may make a motion.

In the context of a board meeting is that explicitly only the BOD? Not including homeowners or officers? They are all "members" of the HOA and I haven't seen a bright line drawn anywhere. I know the "officer" question becomes murky because in some communities the Documents require that officers be BOD members as well. In ours, with the exception of the President, no officer has to be on the BOD.

In the context of an annual meeting I would expect that every homeowner qualifies as a "member."

Either way, just because someone is allowed to make a motion doesn't mean it has to be entertained. I mostly get that now.

It's clear I need to get a lot more familiar with Robert's and our state statutes before this annual meeting. I'm am seriously nearing the point of "no more f**ks to give" so I currently think I'll be ok as long as I'm confident in my knowledge of the rules we (the HOA) have to follow.

I can do this! :-)