Approval in Pricipal

[Guest Russ]

Our HOA just had it's AGM. One of the agenda items was "Presentation - Reserve Fund Study". Members were not advised that a vote would be called for approval.and there was no proposed Motion contained in the AGM package. Nonetheless a motion was made from the floor, and the party making the presentation, not the Chair, quickly called a vote without debate and by a show of hands Members "approved"

So where does that leave Members who are now concerned about exactly what they voted on and approved?

Any advice on what 'approval in principal" means relative to the details in the Report ( as an example it contains a $1000 special levy) would be appreciated,  Is it appropriate for another GM to be called to deal with the specific provisions in the Report?

Thank you

[Kim Goldsworthy]

Homeowners Associations (HOAs) are strange creatures.

They often have (in the 50 states) a comprehensive set of laws which govern the relationship between the board vs. the general membership.

So I fear any answer you get based on Robert's Rules of Order may not apply, because of the inapplicability of one's parliamentary authority where the state has stepped in and created a web of laws.

***

What you describe above is harmless and normal, if Robert's Rules applies.

But, from what I know of HOAs in general, it is the board which is the party who controls most everything, leaving the general membership with (typically) only two duties: (a.) amend the bylaws; (b.) elect its board. And nothing else.

***

And another confounding factor: BYLAWS.

It could well be that your bylaws do have wording which may influence your scenario. And no one "here" (on this Q-and-A website) has read your bylaws.

So there you are -- you've got state laws to contend with, plus bylaws, to muddy up the plain vanilla application of Robert's Rules of Order.

 

[Josh Martin]

1 hour ago, Guest Russ said:

Our HOA just had it's AGM. One of the agenda items was "Presentation - Reserve Fund Study". Members were not advised that a vote would be called for approval.and there was no proposed Motion contained in the AGM package. Nonetheless a motion was made from the floor, and the party making the presentation, not the Chair, quickly called a vote without debate and by a show of hands Members "approved."

Then it appears that the motion, whatever it was, was approved.

1 hour ago, Guest Russ said:

So where does that leave Members who are now concerned about exactly what they voted on and approved?

You say that a motion was made from the floor. Look at the exact wording of that motion. That's what they approved.

Also, perhaps members should raise these concerns before they vote in the future. If the chair tries to stifle debate to prevent this, raise a Point of Order, followed by an Appeal if necessary.

1 hour ago, Guest Russ said:

Any advice on what 'approval in principal" means relative to the details in the Report ( as an example it contains a $1000 special levy) would be appreciated

I haven't the slightest idea. That phrase does not appear in RONR.

1 hour ago, Guest Russ said:

Is it appropriate for another GM to be called to deal with the specific provisions in the Report?

Yes. Depending on the exact wording of the original motion, this might involve a new motion or it may be neccessary to amend the motion which was previously adopted.

I also concur with Mr. Goldsworthy that it is advisable to see what your bylaws and applicable law say on these points.