agenda item /annual meeting

Started by WilliamL3 • 8 replies • 2825 views

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WilliamL3 (Florida)
Posts: 2

Posted:

We are having our annual meeting soon. Can anybody put an agenda item up for vote at the annual meeting? Does it have to be approved by the BOD or have a percentage of the home owners signed petition? This is in the state of Florida
Thanks

GloriaM (North Carolina)
Posts: 829

Posted:

William:

The annual meeting is usually for the sole purpose of electing a board and to present the annual budget, or for whatever other reason that was in the Notice of Meeting. A proxy ballot should have been mailed along with it.

A new subject cannot be voted upon at the meeting without proper notification going out about it. The board would have to convene another meeting to vote on a subject that wasn't properly noticed to the membership.

DonnaS (Tennessee)
Posts: 5,671

Posted:

William,
To add to Gloria's answer, no, only the BOD can create and add to the agenda. But if 20% of the membership present a signed petition for addressing an issue by the Board, then they , the Board, are required to address it at a membership meeting within 60 days. Below is the Statute 720;303 (2) d.

If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition.
I hope this helps

SusanW1 (Michigan)
Posts: 5,202

Posted:

Donna, I think you are talking about BOARD MEETINGS.

I think William was talking about the Annual General Meeting of the Members. (AGM)

At our HOA's AGM, Members can make and pass motions by majority vote. Bylaws amendments or dues adjustments require Notice, since they must have a 2/3 approval vote to pass.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,
OOPS! Yes, William was referring to his annual meeting, sorry, I got off on the agenda thing. . At annual meetings, members cannot make and pass motions in Florida. Ours are for election of Board of Directors and voting on the annual budget. What I posted was indeed for regular Board meeetings. Thank You

SusanW1 (Michigan)
Posts: 5,202

Posted:

I'm confused - what, then would be the business under "New Business" at an AGM?
Besides, when the agenda gets "approved" for the meeting, someone could place a motion at that juncture.

Are you saying it's State Law that no motions can be made by members at an AGM, except those that had previous Notice?

GloriaM (North Carolina)
Posts: 829

Posted:

Posted By SusanW1 on 12/05/2007 6:57 PM
Donna, I think you are talking about BOARD MEETINGS.

I think William was talking about the Annual General Meeting of the Members. (AGM)

At our HOA's AGM, Members can make and pass motions by majority vote. Bylaws amendments or dues adjustments require Notice, since they must have a 2/3 approval vote to pass.

Susan:

A Notice of Meeting annual or for another purpose must state to the entire membership what the meeting is being called for. Therefore any votes on any issues would have to have been stated in the AQnnual Notice of Meeting.

Under new business things could be discussed, but if it was not noticed in the mailing that at this meeting membership is going to vote for....whatever it may be; then no new votes could be voted upon.

Meetings are called for a purpose and the Notice of Meeting is to spell out that purpose and a proxy ballot needs to be sent with that notice.

Now let's say I live in NC and I own a condo in Florida and the Florida Condo sent me a Notice of Meeting for the sole purpose of electing a new board that's all the notice said. However at this meeting that I could not attend because of logistics the board voted on various items and I was not noticed about these. I could and would be within my rights to contest these votes because I was not properly noticed and made aware that they were going to amend the CCR's or vote in favor of filling in the swimming pool with cement.

These 2 items are important to membership and I should have the right to send in my proxy ballot on not only my vote but my opinion on these 2 issues.

Now the proxy that was sent with the notice was for the sole purpose of electing positions onto the board. Why shouldn't I be afforded the right to send in my proxy ballot for the issues?

SusanW1 (Michigan)
Posts: 5,202

Posted:

There are "Special Meetings" that require Notice, and the motion must be stated in the Notice. I understand that procedure.

But Annual Meetings?? They are NOT Special Meetings. Since they are mandated in the bylaws, they don't even need a Notice. Most are announced; there may even be an invitation from the Board. (If the Board is elected every three years, an election would not even take place at every Annual Meeting.)

(I know that BYLAW amendments MUST have a Notice, whether it's a Special Meeting or at an Annual Meeting.)

I am still asking if general motions can be made at an AGM by the Membership.

GloriaM (North Carolina)
Posts: 829

Posted:

Posted By SusanW1 on 12/06/2007 2:10 PM
There are "Special Meetings" that require Notice, and the motion must be stated in the Notice. I understand that procedure.

But Annual Meetings?? They are NOT Special Meetings. Since they are mandated in the bylaws, they don't even need a Notice. Most are announced; there may even be an invitation from the Board. (If the Board is elected every three years, an election would not even take place at every Annual Meeting.)

(I know that BYLAW amendments MUST have a Notice, whether it's a Special Meeting or at an Annual Meeting.)

I am still asking if general motions can be made at an AGM by the Membership.

Susan:

I don't know about the good state of Michigan, but special meetings and annual meetings do require a notice of meeting. In fact NC requires that membership be noticed by the Post Office. An annoucement on the website or flyer place at owners home is not proper notice.

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