Condo-HOA Blog - Dan Webert
Making and Deciding Motions
Earlier this year, Barker Martin released the Practical Guide to Community Association Meetings. We have received some great feedback on what a useful resource the guide is proving to be for association boards. If would like a complimentary copy of the guide please contact our office by clicking here. This week's email highlights a section of the meetings guide and here is an excerpt from Chapter 5 on making and deciding motions. Making and Deciding Motions There are generally four potential motions for each item of business: (1) motion to adopt a specific action; (2) motion to table an item to decide at a later date; (3) motion to make a friendly amendment; or (4) motion to remove an item from consideration. Circumstances will determine the appropriate type of motion. The board is limited to the discussion of one item of business at a time. The agenda should not include the specific wording of any motions to be considered as it may be a source the of confusion with owners. Motions on a specific topic will naturally and properly evolve during discussion by the board. After discussion, the presiding board member will call each motion presented to a vote. Although technically unnecessary, it is common practice for motions to be "seconded" by another attendee. Motions adopted by a majority of the board members present at a board meeting are deemed carried, provided a quorum is present. The fact that a motion has been adopted or has failed does not prevent the item from being added to the agenda to a future meeting. All motions may be reconsidered at a later time. However, if a motion is tabled, the board should be clear about why so that any issues preventing the motion from being voted on can be resolved and a clear timeline can be set for raising the motion again. This ensures that a motion is not raised again and discussed before it is ready. If, at a board meeting, a board member believes that a board action or motion is unlawful or contrary to the authority of the board, that board member may make an oral or written dissent explaining his or her reasons. The dissent should become part of the minutes. Motions may be withdrawn or modified in one of two ways: First, the original movant may modify or withdraw his or her own motion. Second, other board members may make their own motions that are modifications of another board member's motion. read more
Strange Bedfellows
Strange Bedfellows: How We Help the Underinsured Developer for the Benefit of Our Clients read more
It's About Time
Recent Oregon Supreme Court Case Brings Some Needed Clarity to the Statute of Limitations for Oregon Construction Defect Claims. read more
Construction Defects: A Call for Accountability
Construction Defects: A Call for Accountability read more
Demystifying First Party Insurance Claims - Part 2: Oregon
Part 2 of 2 read more