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Posted By BillH10 on 01/09/2023 7:32 AM
Jim
You must ensure no one attempts to make a motion which is not on the published agenda, other than a motion to adjourn or recess. The published agenda must include any subjects which may come before those in attendance in person or by proxy for a vote, otherwise the absentee owners are disenfranchised. If they know a subject is on the agenda and choose not to attend, complete a proxy, or an absentee ballot, then that is their choice.
In North Carolina, it is a statutory law that Robert's Rules of Order be used for meetings, unless the by-laws say otherwise. If I'm not mistaken motions can be brought during the new business phase of the meeting. Our HOA members certainly makes motions that are seconded during new business. In 2021, my husband informed the BOD that he would be making a motion during the annual meeting that an audited financial statement be done at minimum every third year but preferably every year in light of the fact that the BOD has never had an audited financial statement done...ever... and that the NC legislature is expected to eventually pass a bill mandating annual AFS. So let's get ahead of the curve and do one now. The BOD met in an emergency meeting just days before the annual meeting to vote unanimously to oppose that specific motion.