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ChrisC4 (Virginia)
Posts: 2
Posted:
We recently had an Annual Meeting where there was a motion from the floor to essentially tow vehicles from the pool parking lot. According to the parking policy, there isn't to be parking in this lot unless using the pool (closed right now) or using the clubhouse which generally is empty so these people are parked there in violation of the policy which was sent out several months ago.

The HOA has ordered signs for the lot but they haven't been delivered yet - not sure what is taking so long - but they haven't come in yet. We are a bit limited in our parking because the streets are narrow and the school transportation department requires the streets to be generally free of cars or they won't come into the development so we have no on-street parking during the week during the day.

Anyway the motion from the floor was made although it wasn't specifically on the agenda. The only two things it could be under would be the general category of New Business or Old Business which were both on the agenda.

Is this a valid motion from the floor? We did have quorum, the meeting was properly noticed, but that motion wasn't on it and it was the annual meeting although could be under a general category. We skirted it by temporarily suspending the part of the parking policy which deals with the pool parking lot - I suppose is a sneaky move - we just wanted more time to flyer and ticket before towing - but the residents there wanted towing (apparently they don't park there). Our MC seemed to think it wasn't a valid motion since it wasn't included on the agenda and was going to check with the lawyer.

Thanks

CharlesW1 (Georgia)
Posts: 826
Posted:
ChrisC4,

I would assume your association has streets that are city owned?
I’m sure to you will receive the necessary advice you seek, in due time. Mean while, I would think that even though the motion wasn’t on the agenda it would still have merit. It’s just that “A MOTION FROM THE FLOOR” How could that be on the agenda? That makes NO sense to me what-so-ever! If you voted on that, then that’s a different story all together! IMO, a motion from the floor can be made. However, it shouldn’t have been acted on, as far as voting.

Our association is dealing with something very similar. We are replacing the tow signs (faded or warn lettering) with new tow signs (being installed today) and we also requested to have tow sticker (provided by the tow company). These stickers will be stuck on the windshields of any vehicle (s) observer, parking in the lot, during any time of the week, without prior notice. The sticker says what day the vehicle will be tow (adequate time), and by whom (phone # and address) along with the date, description i.e. (color, make) and plate #).These florescent sticker can be seen hundreds of feet away, which again is plenty of warning (too the owner and other), that your vehicle will be towed, certainly considered adequate time “WARNING”
The towing company provided these to us, and they periodically check to see if there are any vehicles that have these stickers, so they can tow them away.

Perhaps, as you have stated. STREET PARKING WILL ONLY BE PERMITED ON THE WEEKENDS, ALL OTHERS WILL BE TOWED.

I certainly don’t envy you, because you aren’t going to make some additional enemies either way to decide, the first car you tow is going to be the talk of the community, even though they were WARNED!

Chuck W.

Charles E. Wafer Jr.
ChrisC4 (Virginia)
Posts: 2
Posted:
The streets are owned by the HOA. There was just a motion made and a second (third and fourth for that matter) about towing people from the pool parking lot. The members of the Board (myself included) didn't call for a vote and the Management Company Rep said it wasn't really a valid motion since it wasn't on the agenda.

I do however like the stickers.

The problem with the community is that there isn't parking allowed on the street during the week so that the school buses can get around - the streets are just to narrow to allow it - at least that is the complaints we have heard from the transportation department of the school system and we would rather not have to shuttle our kids to the front of the neighborhood to have them picked up. The community is pretty big - right now we have 380 units with another 40 or so to be put in - so bringing all those kids to the front of the development really screws up traffic.

Our current policy is no on-street parking during the day and you aren't supposed to park in the pool parking lot during the week unless using the pool or the clubhouse. Luckily the clubhouse is mainly only rented on the weekends so we are probably going to change the policy to allow parking during the week because it is pointless to have a parking lot where no one can park. My solution was just to tow between 1 and 5 in the morning on Saturday and Sunday (you can park on the street on the weekends). Our towing company would be more than happy to tow then.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Chris,
I have to agree that this kind of motion cannot be made from the floor and least of all, a decision made on it. This is strictly a BOD decision to enforce Bylaws that are already in place. The reason that you have an agenda is that it gives the members an idea of what is to be discussed and voted on by the Board.Everyone then gets a chance to be part of the process.

If members had the ability to make motions and vote them in on any subject that came up at the moment, think of the chaios. And one issue that we find all of the time is that most people in the membership do not know their own docs so letting them just motion and vote would be a dangerous move on the part of the Board to lose control of following the documents as written.

And actually, especially in your area where the pool is closed, what harm comes from some sort of organized parking allowances in the pool lot?
AnnJ1 (Florida)
Posts: 122
Posted:
Chris,
My experience with "motions from the floor" is that it must be in reference to an agenda item. Whoever presides, should not allow it to be taken to a vote if it does not refer to a poperly noticed/published agenda item.

Two reasons why it is "out of order"
1.) The agendas are published in advance for the purpose of those wishing to discuss items may attend the meeting to hear or discuss same. This "out of order" motion is not fair to those NOT in attendance and I question it's parliamentary correctness.

2.) Agendas are normally prepared and published in advance so that members (BOD etc.) may prepare a well thought-out discussion on a matter.

Normally, when preparing agendas, "New Business" or "Unfinished Business should list the business to be taken up under each respective category and not considered if there are no matters to warrant discussion/consideration.

A meeting could end up in chaos if anyone who has an inclination would make a motion and "move" an issue. They would be introducing their own "personal agenda" which is not allowed.
HTH,
Ann

GeraldT4
Posts: 1,022
Posted:
ChrisC4 - A motion was made from the floor with a quorum of owners. That motion was seconded, thirded and fourthed, and there was not vote? Why not? You missed a golden opportunity. Even if a claim that procedure wasn't followed, at the very least you would have polled the quorum.

I'm not trying to tell you what to do but I'm a bit baffled at the parking restriction when the pool isn't in use. I can entirely understand restricting parking in the pool lot for pool users when the pool is open.

Not sure if your HOA is like so many others in the nation but you know what they say about the 3 P's (pets, pools, and parking). I realize I don't know the exact schematic of your community so forgive me but it seems to me it's a shame, and a bit of a sham that a valuable resource such as your parking lot has to sit empty/unused, especially with narrow streets.
SusanW1 (Michigan)
Posts: 5,202
Posted:
It bugs me when Board pass "policies" without considering the enforcement aspect. Just what did they plan to do with violators? (So this motion could have been offered as the enforcement for the policy.)

The presiding officer also could have stated that the motion was out of order, due to the fact that the Board had already formulated a policy AND consequences for infractions. (IF it did)

On whether motions by the general membership can be made at the annual meeting, the answer is yes, unless restricted in the governing documents. Motions that require a special vote percentage (such as bylaws and assessments) require Notice. But at a Members' meeting, they ought to be able to pass motions!

SherryP1 (Arkansas)
Posts: 7
Posted:
Just because something is not on the agenda does not mean it can not be brought up or voted on. I'm confused......if a call was not made to bring it to a vote how was it that the motion was seconded and so on? If it came to a vote and the majority voted for approval, then it passed, you can't go back and table an already approved motion. You can call for clarification and a revote, but you can't just dismiss it.
DonN (Michigan)
Posts: 357
Posted:
Each member should have a right to make motions at a members' meetings. An example of a motion that is required and can be acted upon is a motion to correct/approve meeting minutes.

It may also be appropriate for a member to offer a motion following a committee report or report of an officer or the board as a whole. This is the opportunity for the members to give direction to a committee or the board based on the content in the reports presented. Since noticing such motions might defer action until the next members' meeting which might be a year later, it is appropriate for those members attending the meeting to vote on the motion at the time the report is given. If the motion is outside the scope of the report, it should be given in New Business.

Whether a new motion is acted upon at the meeting is at the discretion of the chair. If the motion is substantive, it should be noticed so that all members are informed of motions to be voted upon. If it is a very important matter, a special members' meeting can be called. People decide whether or not to attend the meeting based on the agenda in the notice. The bylaws should allow such new motions to be submitted for inclusion in the agenda and notice. This eliminates surprises and allows for such motions to be promptly acted upon.

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