AGM

[Guest jane]

In 2010 at the AGM, a motion was defeated and a director is going to repeat the same motion this year Is this valid? can it come up every year potentially until the majority wins?

[Tim Wynn]

In 2010 at the AGM, a motion was defeated and a director is going to repeat the same motion this year Is this valid? can it come up every year potentially until the majority wins?

Yes, it can be made again.

Also, I suspect that the majority will win.

[Guest Guest]

Thank you. I know the motion is to be inclusive of all directors but there are a few who cannot benefit. anad to do not agrree How and when can I make a motion that is adjusted to exclude Directors XYZ? If the alli nclusive motion is made what can I do to add a caveat to exclude certain directors?

[Guest jane]

Yes, it can be made again.

Also, I suspect that the majority will win.

Thank you. I know the motion is to be inclusive of all directors but there are a few who cannot benefit. anad to do not agrree How and when can I make a motion that is adjusted to exclude Directors XYZ? If the alli nclusive motion is made what can I do to add a caveat to exclude certain directors?

[Chris Harrison]

I know the motion is to be inclusive of all directors but there are a few who cannot benefit. anad to do not agrree How and when can I make a motion that is adjusted to exclude Directors XYZ? If the alli nclusive motion is made what can I do to add a caveat to exclude certain directors?

I don't understand your question. Can you please clarify with more details?

[Tim Wynn]

Thank you. I know the motion is to be inclusive of all directors but there are a few who cannot benefit. anad to do not agrree How and when can I make a motion that is adjusted to exclude Directors XYZ? If the alli nclusive motion is made what can I do to add a caveat to exclude certain directors?

You can't remove the right to vote, except through the disciplinary process.

[Guest jane]

I don't understand your question. Can you please clarify with more details?

Jane writes

The membership of the corporation (that was formed 10 years ago to build a road into cottages that were previously only accessible by boa) consisted of each cottage owner.Each cottgae owner is a director od the corp.

The annual road maintenance dues are $375. No problem.There has been a shift in the makeup of these cottaages and more are winterized and used year round. These folks want the snow plowing fee for service of $200 included in tthe maintneance fee bringing it to $575 per year. A few cottages like mine are not winterized and in 60 years we for example have never been there past end of September. I don't want tp pay for thier lifestyle. How can I manouver a win for both parties. Your thoughts please .

[jstackpo]

Look closely at the text of the proposed motion that is proposing to raise the road fee, and figure out how you could amend it, by changing the words or inserting new ones, to include, say, an exception phrase saying that only the residents living in, or owning, or something, the winterized cottages will have to pay the additional snow plow fees.

Then at the meeting when the motion to increase the fee is proposed, offer your amendment. Bring lots of your friends because the majority will decide if they want to include your amendment, AND adopt the main motion as possibly amended.

[Guest jane]

Look closely at the text of the proposed motion that is proposing to raise the road fee, and figure out how you could amend it, by changing the words or inserting new ones, to include, say, an exception phrase saying that only the residents living in, or owning, or something, the winterized cottages will have to pay the additional snow plow fees.

Then at the meeting when the motion to increase the fee is proposed, offer your amendment. Bring lots of your friends because the majority will decide if they want to include your amendment, AND adopt the main motion as possibly amended.

Okay so after the motion to add the plowing to the annual maintenance dues I say to the president that before the group votes please amend the motion to exclude non winterized properties right? there are only 13 of us. THX

[Chris Harrison]

Okay so after the motion to add the plowing to the annual maintenance dues I say to the president that before the group votes please amend the motion to exclude non winterized properties right? there are only 13 of us. THX

Well, you will need to have the exact language that you want inserted and/or struck in the motion when you offer the amendment. See RONR pp. 130-168 for the motion to Amend in all of its glory.

[jstackpo]

Or perhaps better see RONRIB Chapter 5 for a simplified but probably entirely adequate description of how to proceed putting your amendment forth.

RONRIB:

"Roberts Rules of Order Newly Revised In Brief", Updated Second Edition (Da Capo Press, Perseus Books Group, 2011). It is a splendid summary of all the rules you will really need in all but the most exceptional situations. And only $7.50! You can read it in an evening. Get it by clicking here.

[Rev Ed]

If the motion reads something like "That the Corporation hire a snow removal company to remove the snow", once placed before the assembly, you could get up and state something like this: "I move to amend the motion to add 'to be paid for only by those members who have winterized cottages" to the end of the motion."

Although it is debatable whether or not the amendment would be legitimate. Does this corporation fall under the local HOA statute - this sounds a lot like an HOA. If it is, then it is likely that all members will have to pay for the costs. Otherwise, the amendment is likely legit - although it also depends on whether or not a majority of members have winterized cottages or not.

[Trina]

Okay so after the motion to add the plowing to the annual maintenance dues I say to the president that before the group votes please amend the motion to exclude non winterized properties right? there are only 13 of us. THX

Don't ask someone else to 'please' amend the motion in an unspecific way. As a member of the assembly, make a motion that says exactly how you think the motion should be amended (whether that is a phrase like 'winterized cottages only' or something specifically listing the properties that would not be participating in the benefits of snow plowing is for you to figure out).

If the non-winter people are in the minority, you will, of course, have to persuade some of the overwinterers that it is unfair to require you guys to share the cost of plowing. If a specific fee increase is named in the motion, presumably that number would have to change if fewer people are paying for the same service. Again, figure out some of those details before you make your motion to amend. Another detail (nothing to do with the rules in RONR, but perhaps part of the debate you will face) is that snow plows clear entire roads, not individual homes along the road -- what's to ensure that someone who hasn't paid the fee pops in for a rustic winter weekend, and uses the road cleared at other members' expense to reach his/her (cold, but now accessible) cottage?

Once the motion to amend is made, someone would need to second it, and debate on your amendment should take place. At the end of that debate (during which the amendment could itself be further amended, so be prepared for that possibility) the assembly would vote on whether to accept the amendment. If the amendment is adopted, then the original motion on snow plowing, with amended language, would be back before the assembly, and you would then go on to another round of debate on the motion in its amended form. As Dr. Stackpole recommended, you'd be well advised to get a copy of RONRIB and familiarize yourself with the process.

One other thing to look at (since the motion involves a fee increase) is to make sure the bylaws of the organization are being followed with regard to fees charged to members. If the current $375 is actually in the bylaws, then you would have to amend the bylaws to change that. If it is not in the bylaws, perhaps the bylaws contain specific rules about how potential fee increases (or potential brand new fees) must be handled -- if so, follow those rules. If the existing $375 fee is the result of a previously adopted motion, then changing that fee may require the group to amend something previously adopted. The motion to amend something previously adopted has a higher voting threshold than a regular motion (if the fee increase is, in fact, a motion to amend something previously adopted, the higher voting threshold may be a factor in how this plays out). Again, you (and the other members who share your viewpoint) would be well advised to familiarize yourselves with RONRIB. And feel free to ask more question here, of course.

[Shmuel Gerber]

Another detail (nothing to do with the rules in RONR, but perhaps part of the debate you will face) is that snow plows clear entire roads, not individual homes along the road -- what's to ensure that someone who hasn't paid the fee pops in for a rustic winter weekend, and uses the road cleared at other members' expense to reach his/her (cold, but now accessible) cottage?

Such devilish abuses as driving on plowed roads to seek shelter in a freezing cottage can be thwarted by placing spikes in the driveway. That'll teach 'em!

[Gary c Tesser]

..

Particularly when we used to get there riding our boas, leaving our anacondas unattended back in Massachusetts and Connecticut.