Alternate AGM Rules of Procedure (1st draft )
Posted by: @knoll
Posted : 13/05/2019 2:06 pm
Set out below is a sample and initial draft of alternate annual general meetings rules of procedure for Alberta condominium corporations. Unlike section 18 of the ” default ” bylaws which provides that general meetings “are to be conducted according to Robert’s Rules of Order Newly Revised” (RONR -2011 , Da Capo Press ) this alternate AGM set restricts the application of Robert’s to the role of reference and guide. That measure allows that the condo corporation is not married (adopt) to an often cryptic and complex general set of meetings rules ( approx. 700 pages ) , while at the same time gains the benefit of specific reference to that “gold standard” for meetings procedures . Flexibility is thereby gained but not at the expense of a void in the context of a persuasive authority respecting procedure .
DRAFT (# 1)
Alternate Rules Of Procedure – Annual General Meeting ( AGM )
Condominium Corporation 777 ( July 2 /2019 )
1. These alternate rules of procedure are adopted by the board pursuant to section 18 of the bylaws (Condominium Property Regulation, Schedule 4 , Regs. 168/2000).
2. Rules of procedure shall be in compliance will all legislative and bylaws requirements .
3. The AGM is closed to all but owners , other persons entitled to vote , and board invited guests , corporation employees , consultants, and condominium property management personnel.
4. No business shall be conducted at an AGM unless a quorum of persons , entitled to vote is present ,or present in person and by valid proxy , at the time the meeting commences .
5.The board shall provide a written proposed agenda for the AGM that is in compliance with the Act, regulations , and bylaws .
6.The president or, in the event of the president’s absence or disability , the vice -president or other individual designated by the president or vice-president ,shall act as chair of the AGM.
7. Only an owner , or other person entitled to vote , may make a motion or speak in debate respecting a pending motion , however , a consultant or invited guest may be permitted to provide information respecting a pending motion , on invitation of the chair .
8. An owner , or other person entitled to vote , wishing to speak at the AGM ,must wait to be recognized by the chair . Upon recognition an owner or other person entitled to vote must identify by name ( optional , and condo unit number ) before offering debate , discussion ,or comment .
9. A motion that the corporation take action shall ( unless a routine matter agreed by unanimous consent ) be made by main motion , followed by debate , and then voted on . Motions require a second to proceed to debate and vote .
10. A main motion , or a motion to amend , postpone , refer, extend , limit or close debate ,lay on the table , or a recognized legitimate privileged or incidental motion may be made at an AGM.
11. An owner , or other person entitled to vote , is entitled to speak twice to a pending motion but for no longer on each ocassion than three (3) minutes .A motion maker may speak first to her/his motion if preferred .
12. Debate must be germane and relevant to a pending motion . Voting on an ordinary resolution shall be by a show of hands ( with vote card ) ,unless a poll is demanded by a person entitled to vote in person or by valid proxy . A vote on a special resolution must be signed by the person voting .
13. Except for matters requiring a special resolution ( 75% vote ) , all matters shall be determined by ordinary resolution ( majority vote ).
14. All persons at the AGM must observe decorum and avoid personal attacks or discourteous or disorderly behaviour . Any person causing a disturbance will be required to leave the meeting .
15. The chair may declare the AGM adjourned on conclusion of all business listed in the adopted agenda .
16. Robert’s Rules of Order Newly Revised ( latest edition) shall be a source of reference and guide in matters of procedure for the AGM .
Note : If considered for use in whole or part , or as modified – it is recommended that the above alternate rules set be prepared on a one page handout for the AGM, and that they be provided to owners prior to the meeting .
An earlier set of alternate rules was provided in January 2018 to Calgary CCI – South. A copy of those rules ( (07/01/2018 ) appear on this Forum under an earlier and different thread . That earlier draft set will not be in compliance with the legislation or ” default ” bylaws after July, 1/2019 .
These above alternate rules are generated in the context of the Alta . Condo Regs ( 2019 ) Standard default bylaws . Most condo corporations will establish their own bylaws and procedures ( not use the Standard default set ) and therefore these draft alternate set of rules may have a limited application and scope- or no application whatsoever .Procedural rules in use for condo AGM ,and other meetings , will be dependant in content and application on the choice of bylaws applied .
P . Knoll