who sets the agenda for a board meeting?

[Ruth.L]

A member of the board of our housing co-op would like a motion put on the agenda of the next board meeting, but the president won't put it on. (Actually nobody on the board except this one person would support the motion.) So my questions are:

1) Must all items be placed on the agenda if requested by other board members?

2) If the president refuses, and the posted agenda doesn't contain the requested item - does the requester have any options to have his motion considered?

Thank you for your consideration.

[Richard Brown]

See if FAQ # 14 answers your question. If not, let us know:  http://www.robertsrules.com/faq.html#14

Unless you have a customized rule to the contrary, the president doesn't control the agenda. The assembly itself does. In this case it's the board.

Edited November 24, 2017 at 03:30 AM by Richard Brown
Added last paragraph

[Richard Brown]

In case you do not have a copy of RONR, here is part of what it says about an agenda on pages 372-373:

"ORGANIZATIONS AND MEETINGS IN WHICH ADOPTION OF AN AGENDA IS CUSTOMARY. It is customary to adopt an agenda or program for each session in organizations that do not hold frequent regular meetings, and at conventions and other sessions that may last for several days (see 59). This is also frequently done when, for any reason, neither the standard order of business nor a special order of business established by rule of the organization is practical or applicable.

PROCEDURE FOR ADOPTION. In cases in which an agenda is adopted, usually this is done at the outset of a session and the agenda is intended to cover the entire session. At a session having no prescribed or adopted order of business, such an agenda is followed as a guide by the chair pending its formal adoption and can be adopted by majority vote, even if it contains special orders; it is then the order of business for that session. At a session that already has an order of business, an agenda can be adopted by a majority vote only if it does not create any special orders and does not conflict with the existing order of business; otherwise, a two-thirds vote is required (see also p. 264, ll. 14–28).

AGENDA PROVIDED IN ADVANCE. In some organizations, it is customary to send each member, in advance of a meeting, an order of business or agenda, with some indication of the matters to be considered under each heading. Such an agenda is often provided for information only, with no intention or practice of submitting it for adoption. Unless a precirculated agenda is formally adopted at the session to which it applies, it is not binding as to detail or order of consideration, other than as it lists preexisting orders of the day (pp. 364ff.) or conforms to the standard order of business (pp. 25–26, 353ff.) or an order of business prescribed by the rules of the organization (pp. 16, 25).
[page 373] CHANGING AN AGENDA. When the adoption of a proposed agenda is pending, it is subject to amendment by majority vote. After an agenda has been adopted by the assembly, no change can be made in it except by a two-thirds vote, a vote of a majority of the entire membership, or unanimous consent. (See also Taking Up Business Out of Its Proper Order, pp. 363–64; cf. p. 630, ll. 12–17.) An affirmative vote to adopt an agenda may not be reconsidered."

What might not be clear from those passages is that normally a board or membership which meets at least as often as quarterly should normally not be adopting a formal agenda but should be using the standard order of business set out in RONR.   However, it is common for an agenda to be prepared for the use of the chair to use as a guide in making sure he covers all necessary items of business.  Such an agenda is just a guide and is not binding.

Also, unless you have a rule to the contrary, during new business, any member may move any item of new business regardless of whether it was listed on the agenda.

One other note:  If this is a homeowners association, it may be subject to state laws regarding posting an agenda in advance of a meeting and making changes to the agenda.

[Ruth.L]

Thanks for your prompt and complete response. Yes, this is a Florida homeowners association and the board meetings are monthly. State statutes require that the agenda be posted 48 hours in advance of the meeting and that owners who wish to speak can only do so on agenda items and must sign-up in advance of the meeting. How can they do this when agenda items are added after the meetings begin? (This was a technique used by a prior board to prevent participation by owners on controversial topics.)

[Dan Honemann]

55 minutes ago, Ruth.L said:

Thanks for your prompt and complete response. Yes, this is a Florida homeowners association and the board meetings are monthly. State statutes require that the agenda be posted 48 hours in advance of the meeting and that owners who wish to speak can only do so on agenda items and must sign-up in advance of the meeting. How can they do this when agenda items are added after the meetings begin? (This was a technique used by a prior board to prevent participation by owners on controversial topics.)

Since your question relates to compliance with Florida law, and not compliance with the rules in RONR, it should be addressed to a lawyer.

[Ruth.L]

Hmmmmm, I was afraid that would be the answer!! Thank you!!

[Guest Cineteach]

With regard to approving an agenda at the outset of a meeting:   does this sync with California's Davis Sterling Act which requires that an agenda be posted for HOA members 48 hours in advance of the meeting, and is not to be changed after that posting?

[Richard Brown]

8 minutes ago, Guest Cineteach said:

With regard to approving an agenda at the outset of a meeting:   does this sync with California's Davis Sterling Act which requires that an agenda be posted for HOA members 48 hours in advance of the meeting, and is not to be changed after that posting?

Guest Cineteach, please post your question by starting a new topic:  https://robertsrules.forumflash.com/topic/25416-important-read-this-first-faq-and-information-for-new-members-and-guests/

Although your question seems somewhat related to the discussion in this thread, it is the custom and preference in this forum that all new questions be posted as new topics, rather than "piggy-backing" on an existing thread as is the custom on some other websites.