minutes

[nash]

Question; If an item is deferred from the minutes to the next month meeting and at the meeting can they keep deferring the item??

[Josh Martin]

On 11/15/2022 at 11:08 AM, nash said:

Question; If an item is deferred from the minutes to the next month meeting and at the meeting can they keep deferring the item??

What I understand your question to be asking is, if a motion is postponed from one meeting to the next regular meeting, can the assembly postpone the motion again (and again)? If so, the answer is yes. There is no limit on how many times a motion may be postponed.

If you mean something else, please clarify.

I am not entirely clear on what this has to do with the minutes.

[nash]

Thank you, yes they keep deferring the item. To deferring an item does it have to be voted on?

Thank you

[Gary Novosielski]

On 11/15/2022 at 11:36 PM, nash said:

Thank you, yes they keep deferring the item. To deferring an item does it have to be voted on?

Thank you

The motion is to Postpone to a Certain Time, and is covered in  RONR §14, which says, in part:

The expression “to defer” should be avoided, since it is often subject to vague usage.

• The motion requires a second
• Is debatable (not on the merits of the motion being postponed, but on the advisability of postponing it)
• Requires a majority vote.

If the motion to postpone fails to reach a majority, then the original question considered at that time, debated, voted upon, or otherwise handled.  So if you don't want it postponed again, vote No.  And if they try to "defer"  it without a motion, raise a Point of Order.

Edited November 16, 2022 at 06:22 AM by Gary Novosielski

[nash]

Thank you, Here is more background info of events re deferring.  We had a Board meeting to approve the last month's minutes. Found an error on the minutes, item 3 was not compliance with the Condo Act. The board move to defer this item to the next meeting. I heard of deferring items from an agenda but not from minutes,? I hope you can shed some light this matter

[Atul Kapur]

Is it that the minutes are inaccurate or that the action taken (under Item 3) was not compliant with the Act?

If the minutes incorrectly recorded something then they should be corrected.

However, it sounds like the minutes accurately record an action that was improper. You can't fix that by adjusting the minutes to pretend that it didn't happen - you need to correct the actual error.

[nash]

The action taken was not in compliance with the Act. 

[nash]

Thank you Mr. Novosielski and Mr. Kapur for you response.  This is all new to me. I'm a senior in my 70s and we downsized to Condo living and trying to understand procedures. I'm grateful for this forum.

[Richard Brown]

Mr. Nash, it looks to me like what is in order is a motion to "Amend or Rescind something previously adopted" so that the previously adopted motion can be modified to comply with the condo act. The minutes should then reflect the adoption of the amended or rescinded motion in the minutes of the meeting at which it is amended or rescinded.  That motion is covered in Section 35 of RONR (12th ed.).  It requires a two thirds vote or the vote of a majority of the entire membership unless previous notice is given, in which case it can be adopted with a regular majority vote.  If this is a board action, the entire membership would be the entire membership of the board, not the general membership.

[Josh Martin]

On 11/15/2022 at 10:36 PM, nash said:

To deferring an item does it have to be voted on?

The motion to Postpone to a Certain Time requires a majority vote for adoption. In the alternative, the motion could be adopted by unanimous consent (no member objects).

On 11/16/2022 at 6:30 AM, nash said:

Thank you, Here is more background info of events re deferring.  We had a Board meeting to approve the last month's minutes. Found an error on the minutes, item 3 was not compliance with the Condo Act. The board move to defer this item to the next meeting. I heard of deferring items from an agenda but not from minutes,? I hope you can shed some light this matter

First, there is no mechanism by which the board can postpone a particular item from the minutes. The minutes are approved as a single document, not as a collection of items. The board could postpone the approval of the minutes altogether.

More importantly, the purpose of approving the minutes is to verify that they are an accurate record of what happened at the meeting. It has nothing to do with whether the board approves of the actions taken at that meeting or even whether the actions taken were proper. If the minutes accurately record what happened, then the minutes should be approved, notwithstanding that the minutes contain actions which are not compliant with applicable law.

If an action taken was not in compliance with applicable law, then the appropriate course of action is to rescind or amend the previously adopted motion.

Edited November 16, 2022 at 05:51 PM by Josh Martin

[nash]

Any suggestions, the minutes states specific length of term ,like one or two years per new board member. But the Act states the new board member/s term is three years. After the three term with a mature board members, the Act suggest to stagger the term. 

[Atul Kapur]

On 11/16/2022 at 4:14 PM, nash said:

the minutes states specific length of term ,like one or two years per new board member

Where does this come from? I have to assume that this didn't just appear in the minutes out of the secretary's imagination. 

Term of office usually is specified in the bylaws. If they are not in accordance with the Act, then they need to be amended asap. This may be complicated as it could affect the terms of board members currently in office. It may be best to refer the situation to a committee with instructions to consult with a parliamentarian and a lawyer (who has expertise with the particular law in question) and recommend a solution.

On 11/16/2022 at 4:14 PM, nash said:

After the three term with a mature board members, the Act suggest to stagger the term.

I cannot recall an act making a suggestion. They're usually quite directive. This us why I recommended consulting with a lawyer, to get the correct details on what the act actually says.

[nash]

Question: when you prepare an agenda is there a process to follow ? Should an agenda be finalized or just presented?

Thank you

[Gary Novosielski]

On 11/16/2022 at 7:49 AM, nash said:

The action taken was not in compliance with the Act. 

Then a motion to Repeal  (§35) the action should be adopted.

But the minutes of the prior meeting where the motion was adopted should reflect the fact that it was adopted.  There is no wiggle room on this.  Minutes must record what actually occurred, not what should have occured, or what we wish had occurred.