Motions at an annual meeting?

New, small community. 22 homes.

I'm only expecting 1-2 Vocational Dissidents and am planning to have a limited use of Robert's Rules. A small subset of the rules for small boards. Said another way, limiting the ceremony to only what's required to keep the meeting moving but adjusting that depending on circumstances on the ground.

I understand that the members can't make motions about things that are the board's responsibility. They can't demand we hire a new lawyer or sell off some of the common property, just to pull a few examples out of the air.

So what *would* be a reasonable motion that could be made at an annual meeting?

We've taken advisory votes at the annual meeting before. We tell them upfront that the decision will be made by the board, but we want homeowners to provide input. One example was flowers at the entrance monument. They cost a lot each year but look nice. So we took a vote if people thought it was worthwhile. Answer was "heck no". We then directed the landscaper to plant perinnels instead of annual flowers.

MichaelH34,

-- You said you're subject to North Carolina 47F, correct?

-- I trust you are aware that, unless the Bylaws say otherwise, 47F requires the use of the most recent edition of Robert's Rules for all board meetings and owners' meetings. See https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_47F/GS_47F-3-108.pdf

-- Best practices IMO and possibly a Robert's Rules requirement: No motion is legit if it is not noticed to owners in advance. Why? Because owners choose to attend or not in part based on what is on the agenda. If a motion is made that is not on the agenda, owners not in attendance would be on solid ground in complaining.

-- Some Presidents might permit the owners who are present to vote on an "advisory motion." For example:

Owner Kirk:
Madam President, may I be recognized? [President nods and recognizes Owner Kirk] I motion that the owners recommend to the new Board that the new Board consider the removal of the common area Maple tree on 33 Sunny Street.

President Uhura:
Is there a second?

Owner Nimoy:
I second the motion.

President Uhura:
Thank you. I remind all that Owner Kirk wisely said this is only a proposed recommendation from the owners. Per the Bylaws and state law, the owners do not have the authority to authorize removal of the tree. Only the Board does.

Now what's going on here? I open the floor to discussion.

Owner Sulu:
Madam President and fellow owners, the tree is 75 feet tall. It is dead. Yesterday a limb fell the other day and almost destroyed my Jaguar.

President Nichols:
I see. Can anyone confirm this?

Owner McCoy:
I saw it happen.

President Uhura:
Any other discussion?

Owner Chekov:
I would like to offer an amendment. [oh no, the President thinks. Where's my Robert's Rules? Heck with it.]

President:
Go on.

Owner Chekov:
I move that the Board consider both removal of this tree and that all common area trees over five feet be evaluated for health.

President:
How about we handle this in a separate advisory motion? Compound motions are hard to vote on.

Owner Chekov:
Got it. Sounds good.

President:
Okay let's vote on the motion by Mr. Kirk. Let me read it back: The motion is to recommend to the new board that the new Board consider the removal of the tree on 33 Sunny Street. All in favor?

[Owners appear to be unanimous in their "ayes."]

President:
All against?

[No nays are spoken.]

President:
The motion is passed. Let me read the motion back so the Secretary gets this right. [Reads back the motion.]

Okay, owner Chekov, what's your motion?

[And so on.]

-- The above example is not Roberts Rules sanctioned but makes the owners present feel better.

-- What are examples of legitimate owners' motions? A motion to approve last year's Minutes. A motion to adjourn. Else I believe the only motions that are legit are those motions that have been properly noticed to owners and made pursuant to any statement in the Declaration or Bylaws requiring, say, ratification of the budget by the owners.

-- FWIW and for the archives: make sure the Board is not presiding at the meeting. That is, except for the President, no other officer nor director should be holding themselves out as having more power or privilege at the annual meeting than any other owner. (Treasurer and Secretary should be allowed to do their job, like making reports relevant to their job per the request of the President.)