Can someone make motions without being at a meeting

[Guest Pat]

We have a meeting coming up where we are voting on how to  revamp our restrictive covenants.  A member has said they can't make the meeting and has asked the board to propose several changes in their name and provided their choice vote for each proposal.  I can't find anything in RR's that covers making motions via proxy?  Is this allowed under RR's.  It seems to me that if you have business to conduct, you should be present?  Thanks

 

 

Pat

[J. J.]

47 minutes ago, Guest Pat said:

We have a meeting coming up where we are voting on how to  revamp our restrictive covenants.  A member has said they can't make the meeting and has asked the board to propose several changes in their name and provided their choice vote for each proposal.  I can't find anything in RR's that covers making motions via proxy?  Is this allowed under RR's.  It seems to me that if you have business to conduct, you should be present?  Thanks

 

 

Pat

Technically, the rule could be suspended to permit a motion to be recorded as being introduced by the absent member,  That would require a 2/3 vote.

It is much easier to have some member, that is attending the meeting to make the motion, which would not require a vote to be introduced, in most cases. 

[Richard Brown]

11 minutes ago, Guest Pat said:

We have a meeting coming up where we are voting on how to  revamp our restrictive covenants.  A member has said they can't make the meeting and has asked the board to propose several changes in their name and provided their choice vote for each proposal.  I can't find anything in RR's that covers making motions via proxy?  Is this allowed under RR's.  It seems to me that if you have business to conduct, you should be present?  Thanks    (Emphasis added).

2

First, Guest Pat, I agree with J.J.'s comment. I also agree that It is better to have someone else make the motion.

Secondly,  the portion of your comment which I have bolded indicates to me that the member perhaps wants votes to be cast on his behalf in favor of the motions.  Unless your bylaws allow proxy voting or state law requires it, proxy voting (or any other form of absentee voting) is not allowed.

[Guest Pat (OP)]

This person has asked that 6 proposals be made in their name.  This seems to allow someone to 'Hijack' (for lack of a better term) a meeting without having to suffer the consequences of sitting through the minutia and sacrificing the time needed to labor through the ordeal.  I believe everyone should have a voice, and proxy voting is passive in its use, as you are giving someone else your vote, so that your voice is heard in that regard.  This feels different as you are steering a meeting and its agenda without actually being present.  That somehow feels wrong.  Maybe I'm wrong in those feelings...so RR's allows for this sort of thing with either 2/3 vote to be done in their name or by having someone make the motions as their own?  Just to be clear, the latter makes more sense and I have less issue with it but it seems potentially devious, but I guess a voice is a voice.  Thanks.

 

Pat

[Josh Martin]

11 minutes ago, Guest Pat (OP) said:

This person has asked that 6 proposals be made in their name.  This seems to allow someone to 'Hijack' (for lack of a better term) a meeting without having to suffer the consequences of sitting through the minutia and sacrificing the time needed to labor through the ordeal.  I believe everyone should have a voice, and proxy voting is passive in its use, as you are giving someone else your vote, so that your voice is heard in that regard.  This feels different as you are steering a meeting and its agenda without actually being present.  That somehow feels wrong.  Maybe I'm wrong in those feelings...so RR's allows for this sort of thing with either 2/3 vote to be done in their name or by having someone make the motions as their own?  Just to be clear, the latter makes more sense and I have less issue with it but it seems potentially devious, but I guess a voice is a voice.  Thanks.

The rules could be suspended by a 2/3 vote to permit a member who is not present to make motions. As noted, however, it is much simpler for someone else to simply make the motions.

RONR does not permit proxy voting or other forms of absentee voting, even by suspending the rules. This is permitted only if authorized by your bylaws or applicable law.

[jstackpo]

Nothing (in RONR) requires that the person asked to introduce the 6 proposals actually does so.  This would seem to cut any hijacker off at the pass. 

If the person likes them all, then he/she is free to (try to) "hijack" the meeting all by him/her-self.   Not much you can do about that.

[Richard Brown]

Guest Pat, it is perfectly permissible and quite common for one member to make a motion on behalf of someone else.  It can actually be a good strategy.  It is a fact of human nature (at least in my opinion) that a motion made by a well-respected, long-time member has a better chance of being adopted than a motion made by some a controversial new member who is regarded as "just not understanding how our organization works".   So, it is not unusual for someone not very well known (or respected) in the organization to find a member who IS well known and respected to make the motion.  That's simply good strategy.

It's also not unusual for someone to make a motion on behalf of someone who can't be present.  No matter who conceived the idea of the motion, the motion is being made by the person who moves it in the assembly, not the person who wants it presented.  The person making the motion can present it as his own or can say that he is making it on behalf of someone else. 

[Guest Pat (OP)]

Our By Laws allow for Proxy voting, it's the absentee motion that was concerning.  Thanks JJ and Richard.

 

P

[Hieu H. Huynh]

The assembly controls the meeting. It doesn't have to spend time on these motions if it doesn't want to.