annual membership meeting question...

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!

That's usually not what the annual meeting is for. During the annual meeting, the board gives a recap of last year, plans for the upcoming year, treasurers report board election (drama in itself!) and hopefully a resident forum.

Regarding this rule, is this person wanting to amend something in the CCRs? The documents likely have instructions on how this is to be done and usually a considerable percentage of homeowners need to vote on it. This isn't something you should do by simply making a motion at an annual meeting. It might be different if this had been discussed previously and people were told in advance there would be a vote.

If the documents give the board the authority to enact additional rules (as long as they don't supersede the bylaws or CCRs), it's ok for the member to suggest a rule might be necessary during the annual.
The board could then research the matter and follow up at the next regular meeting. In fact, if this homeowner feels this is necessary, suggest that he or she do the research and make a presentation. You'll find out pretty quickly if this is needed or even wanted.

The owners have only those powers that are listed in the bylaws and statutes. A typical set of bylaws might give the owners these powers: Selecting directors at the annual meeting; amending the governing docs (as Shelia posted); recalling directors; possibly rejecting budgets; possibly rejecting loans. Owners complaining that they haven't enough control need to remember that they have at least some control by electing directors they prefer.

Many owners think they can vote on and have implemented anything they want. Per the bylaws and state law, not so.

Also for the annual meeting, I think it's advisable for any proposed motion to be sent out with the notice.

You spoke about association rules (which are different from covenants and lowest in the hierarchy of what controls). I do not think Texas statutes give the owners any control over the rules except to vote in directors who will create and enforce rules the owners want.

To appease owners like Shelia was saying, a board president might want to consider telling owners that they can do an advisory vote, explaining this has no legal force but it is a chance for the owners to let the board know how at least some owners feel.

Especially like this part of Shelia's reply: "If the documents give the board the authority to enact additional rules (as long as they don't supersede the bylaws or CCRs), it's ok for the member to suggest a rule might be necessary during the annual. The board could then research the matter and follow up at the next regular meeting. In fact, if this homeowner feels this is necessary, suggest that he or she do the research and make a presentation. You'll find out pretty quickly if this is needed or even wanted."

I do think you have notice requirements in Texas whereby only matters on the annual meeting agenda, which is usually required to be publicly posted well in advance, can be considered, discussed, voted on?

otherwise, it is a meeting of the members so, while the board president usually presides, members would motion approve minutes of the previous annual meeting, close the voting, adjourn, etc.