JosephC17 (Florida)
Posts: 8
Posts: 8
Posted:
Ch. 718 and Ch. 720 motion rules
can members make motions at owner meetings
can members make motions at owner meetings
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Motions
Started by JosephC17 • 11 replies • 197 views
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JosephC17 (Florida)
Posts: 8
Posts: 8
Posted:
State of Florida Condo Motion Rules
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Are you talking about the annual meeting, a special homeowners meeting or a board meeting? What do your documents say?
Generally, only board members make and vote on motions at board meetings. For special meetings and annual meetings, it may depend on what the motion is for. For example, I would expect a motion at a special homeowners meeting concerning a recall vote if that was the purpose of the meeting, but it wouldnt be appropriate to make a motion on the budget because that's not why the meeting was called.
At an annual meeting a motion for electing board members by acclamation (if no one was running against them) would be appropriate.
Generally, only board members make and vote on motions at board meetings. For special meetings and annual meetings, it may depend on what the motion is for. For example, I would expect a motion at a special homeowners meeting concerning a recall vote if that was the purpose of the meeting, but it wouldnt be appropriate to make a motion on the budget because that's not why the meeting was called.
At an annual meeting a motion for electing board members by acclamation (if no one was running against them) would be appropriate.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
The issue with making a motion is the agenda requirements: if it's not on the agenda, it can't be addressed, and any action taken on the motion would be invalid.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
You can make motions.
However, many things a member may make motions about may simply be advisory vs. compulsory.
For example, one might make a motion to put up signage about an issue. It may be seconded and a vote taken.
However, the final decision still rests with the board.
One might make a motion to fire the management company. However, it is the boards decision as to what contractors to hire - not the memberships.
However, many things a member may make motions about may simply be advisory vs. compulsory.
For example, one might make a motion to put up signage about an issue. It may be seconded and a vote taken.
However, the final decision still rests with the board.
One might make a motion to fire the management company. However, it is the boards decision as to what contractors to hire - not the memberships.
JosephC17 (Florida)
Posts: 8
Posts: 8
Posted:
Reference here is to a owner-membership meeting.
Question: Can owner make a motion, that is not on the agenda? Or does the motion have to be related
with the business on the agenda?
For example: the agenda business may be: 1) paving the road, 2) re-roofing building one 3) changing pool rules
Your motion: I motion to change that ac repair persons have access to the roof for emergency repairs anytime versus just
during monday to friday.
Question: Can owner make a motion, that is not on the agenda? Or does the motion have to be related
with the business on the agenda?
For example: the agenda business may be: 1) paving the road, 2) re-roofing building one 3) changing pool rules
Your motion: I motion to change that ac repair persons have access to the roof for emergency repairs anytime versus just
during monday to friday.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
The members meeting is not a board meeting. So at the members meeting any owner in good standing can make the motion to start the meeting and the motion to adjourn. Usually the board president runs the meeting (but in their capacity as an owner) but sometimes an attorney or PM might run the meeting.
The issue is that even at a members meeting you are really only supposed to address the items that are on the agenda. On a typical members meeting agenda you would have the election of directors, rollover of funds, audit requirements. You also might have approval of changes to the governing documents.
In my opinion, if the change in schedule for the handyman is not on the agenda, then you can't make a motion and take a vote on it. That's a operational decision for the board to make. But if you had asked that it be on the agenda in advance, I could see where you might be able to take a vote on it.
There's no reason why you couldn't get this on the agenda for a regular meeting. All owners are allowed to comment on agenda items at regular board meetings, so you could ask the board at the meeting to consider the change.
I think you have bigger problems in your association if you need to vote on the handyman's schedule. Maybe you have a disfunctional or unresponsive board.
The issue is that even at a members meeting you are really only supposed to address the items that are on the agenda. On a typical members meeting agenda you would have the election of directors, rollover of funds, audit requirements. You also might have approval of changes to the governing documents.
In my opinion, if the change in schedule for the handyman is not on the agenda, then you can't make a motion and take a vote on it. That's a operational decision for the board to make. But if you had asked that it be on the agenda in advance, I could see where you might be able to take a vote on it.
There's no reason why you couldn't get this on the agenda for a regular meeting. All owners are allowed to comment on agenda items at regular board meetings, so you could ask the board at the meeting to consider the change.
I think you have bigger problems in your association if you need to vote on the handyman's schedule. Maybe you have a disfunctional or unresponsive board.
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
As Cathy noted, the motion should be related to something on the agenda. You didn't describe what this "owner membership meeting" is for, so that may be causing some confusion.
What do you do at these meetings - is this some sort of town hall meeting where owners can discuss a variety of issues or pose questions and suggestions about specific subjects? For example, if the meeting is to discuss problems with the association's response to repair requests, I can see a motion like you suggested because emergency repairs could be considered.
On the other hand, your board is responsible for making decisions that benefit the entire community, so your motion might be better suited to bring to a resident forum during a regular board meeting. The board doesn't have to make a decision immediately - in fact some decisions require research and careful thought. That doesn't mean you didn't think about what you're suggesting, but you should give the board some time to do its job - that's why you elected them. This isn't like deciding where to hold the senior prom.
You also need order to meetings, otherwise you'll be there all night discussing everything except whatever it was that made the meeting necessary in the first place.
Perhaps your board needs to set some rules on agenda setting and what homeowners should do if they'd like something introduced as new business. That can determine what happens next, n such as referring the matter to an advisory committee for further review and a recommendation.
What do you do at these meetings - is this some sort of town hall meeting where owners can discuss a variety of issues or pose questions and suggestions about specific subjects? For example, if the meeting is to discuss problems with the association's response to repair requests, I can see a motion like you suggested because emergency repairs could be considered.
On the other hand, your board is responsible for making decisions that benefit the entire community, so your motion might be better suited to bring to a resident forum during a regular board meeting. The board doesn't have to make a decision immediately - in fact some decisions require research and careful thought. That doesn't mean you didn't think about what you're suggesting, but you should give the board some time to do its job - that's why you elected them. This isn't like deciding where to hold the senior prom.
You also need order to meetings, otherwise you'll be there all night discussing everything except whatever it was that made the meeting necessary in the first place.
Perhaps your board needs to set some rules on agenda setting and what homeowners should do if they'd like something introduced as new business. That can determine what happens next, n such as referring the matter to an advisory committee for further review and a recommendation.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
The motions you suggest, Joseph, would not be on agenda for meeting of the members (owners). They'd be on a board meeting agenda. It sounds like FL, as in CA, only items of business on the agenda )posted for worn in advance of the Meeting) may be discussed & voted on at a members meeting or at a board meeting.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By JosephC17 on 03/24/2024 9:14 AM
Reference here is to a owner-membership meeting.
Question: Can owner make a motion, that is not on the agenda? Or does the motion have to be related
with the business on the agenda?
Reference here is to a owner-membership meeting.
Question: Can owner make a motion, that is not on the agenda? Or does the motion have to be related
with the business on the agenda?
(1) Must be clearly and directly related to an agenda item.
(2) If the motion calls for some action by the HOA, the Bylaws must reserve the power to vote on this action to the owners. E.g. suppose the bylaws require that a 20% or larger increase in the annual assessment requires a vote of the owners. Pursuant to agenda item "Assessment increase," an owner motions to reject a 15% assessment increase. This is not a lawful motion for an owners' meeting.
If the President wants to play nice, the President will explain this but then permit an "advisory vote" of owners, explaining that an "advisory vote" is //not// binding on the board.
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
Yes.
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
Yes.
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