Reg McCluskey Posted March 21, 2018 at 07:41 AM Report Share Posted March 21, 2018 at 07:41 AM I belong to a Florida HOA. Our by-laws require that if a member wants to have an item added to the agenda for the next Annual Members Meeting then the member must submit their request in writing to the Board of Directors secretary in advance of the meeting. The by-laws also state that the Board of Directors will " prepare" (quotes added) the agenda. I submitted a memo to the secretary well in advance of the meeting. My item was to have a members vote in regard to usage of common property (usage of common property can only be decided by a majority vote of at least 51 percent, the Board cannot make decisions regarding common property usage). However, because the Chairperson for the Board of Directors was opposed to my project and felt it should have been mailed out in ballot form (which would require two thirds of the returned votes to pass) she decided not to put it on the agenda, without conferring with the rest of the board. At the Annual Members Meeting I attempted to make a motion from the floor to have the item voted on but the Board Chairperson had the Association attorney on hand to say that was not allowed and that the Chairperson had the right not to include my item on the agenda. I am fairly certain the attorney was wrong. Does the Board have the right to refuse to add a member's item to the agenda? Quote Link to comment Share on other sites More sharing options...
jstackpo Posted March 21, 2018 at 07:51 AM Report Share Posted March 21, 2018 at 07:51 AM RONR doesn't deal with agenda "requirements" of the sort you describe. Your problem is a matter of bylaw and/or FL law interpretation, neither of which we can deal with here. In RONR-land most anything can come up, or be brought up, under new business whether anounced in a previously "prepared" agenda or not. But your rues may not allow that. Find a lawyer. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted March 21, 2018 at 01:18 PM Report Share Posted March 21, 2018 at 01:18 PM (edited) Agreeing with Dr. Stackpole, you might also consult with a professional parliamentarian. Both the National Association of Parliamentarians and the American Institute of Parliamentarians have referral services. Edited to add: The NAP, in particular, has a state association in almost every state and local units in many cities. By contacting the state president or district director, you may be able to find someone locally who will help you at no charge. If you don't find what you need on the NAP website, call them. Edited March 21, 2018 at 01:49 PM by Richard Brown Added last paragraph Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted March 21, 2018 at 03:22 PM Report Share Posted March 21, 2018 at 03:22 PM Under RONR, no agenda is binding until adopted by the majority. It may also be changed by means of a motion to amend something previously adopted. The question is whether this organization's bylaws give the board the exclusive right to determine the agenda or merely require that the board prepare a draft. If the Association attorney is not a member of the organization, then she does not have the right to speak nor, certainly, the right to make rulings. It is common for HOA boards to assume more power than they actually have, particularly when they try to control what should be a meeting of all members. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted March 21, 2018 at 07:57 PM Report Share Posted March 21, 2018 at 07:57 PM 4 hours ago, Guest Who's Coming to Dinner said: The question is whether this organization's bylaws give the board the exclusive right to determine the agenda or merely require that the board prepare a draft. Given that it's a Florida HOA, I think the question of state procedural laws is also worth mentioning here, although we can't resolve it. 4 hours ago, Guest Who's Coming to Dinner said: If the Association attorney is not a member of the organization, then she does not have the right to speak nor, certainly, the right to make rulings. It is common for HOA boards to assume more power than they actually have, particularly when they try to control what should be a meeting of all members. Indeed. It's also common for management companies and attorneys to do the same. Quote Link to comment Share on other sites More sharing options...
Reg McCluskey Posted April 4, 2018 at 10:41 PM Author Report Share Posted April 4, 2018 at 10:41 PM But where would we get the authority to tell the board that an attorney has no right to attend the meeting? I know by definition the term "Annual Members Meeting" indicates members only but our board is under the impression that they can call in an attorney any time they want. I can't find anything in Florida Statutes that addresses the issue. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted April 4, 2018 at 11:04 PM Report Share Posted April 4, 2018 at 11:04 PM (edited) 22 minutes ago, Reg McCluskey said: But where would we get the authority to tell the board that an attorney has no right to attend the meeting? So far as RONR is concerned, the general membership is the highest body in the organization and has all the authority of the society, except as may otherwise be provided in the organization’s rules or applicable law. As a result, the membership is free to give directives to its board, and is also free to control what non-members (if any) may be present at its meetings. Regarding non-members attending specifically, see RONR, 11th ed., pgs. 648-649. Regarding telling the board what to do, see RONR, 11th ed., pgs. 482-483. As others have noted, however, your organization’s rules or Florida HOA law may provide otherwise on these subjects. Edited April 4, 2018 at 11:06 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted April 4, 2018 at 11:19 PM Report Share Posted April 4, 2018 at 11:19 PM I agree with Mr. martin. At a board meeting, the board is in control and may permit anyone it desires to attend its meetings. However, at a membership meeting, the membership is in charge and the board is not even there as a board. Whatever board members are present are there in their individual capacities as members of the association. Unless your bylaws or state law say otherwise, the board has no authority at membership meetings. The membership has the final say as to what non-members, if any, may attend a membership meeting. Quote Link to comment Share on other sites More sharing options...
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