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annual membership meeting question...

Started by JimR24 • 3 replies • 193 views

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JimR24 (Texas)
Posts: 399
Posted:
I have a question about the conduct of business at an annual membership meeting. Seems like i oughta know the answer to this; however, i am having difficulty wrapping my mind around it.... - maybe too much eggnog at the Christmas party...lol...

My question for you....

At a membership annual meeting, is it normally correct procedure whereby a member (who is not on the BOD) makes a motion for the membership to vote on and accept as an order of business? Or - is this something that only a BOD can do? In other words - for example - at an annual meeting of the membership, can a successful membership vote cause a rule to be adopted by the Association and followed through with enforcement by the BOD? Hope i am making myself clear here. Thanks for the help!
Lovin' life with my honey!
and, President of HOA in Texas
TimB4 (Tennessee)
Posts: 21,059
Posted:
Members can certainly make a motion.
However, they can not adopt or change anything that is not in their power and/or was not properly noticed.

They can make advisory motions to the board for the board to action (or take no action) during their term on the board.

So, the membership can not make a new restriction without going through the proper procedure to amend the covenants (hence making the restriction).
However, the board can act upon it.

The membership can not make a rule about the common area (as that is the prerogative of the board).
However, they can make a suggestion and advisory vote for the board to implement or not as they see best.

The membership can not make a change to the bylaws (or any governing document) without going through the proper procedure and notice requirements.
However, they can make an advisory motion for the board to have ready for a vote at the next membership meeting.

TimB4 (Tennessee)
Posts: 21,059
Posted:
The main thing that stops the members from exceeding their authority at membership meetings are notice requirements.

The association must inform the entire membership of any proposed changes the members have a vote on prior to the membership actually voting on them.

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