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Home COFSAB Forum Governance and Management Alternate AGM Rules of Procedure (1st draft )

  • Alternate AGM Rules of Procedure (1st draft )

    Posted by Karen on April 10, 2022 at 5:06 pm

    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 .

    NOTE :

    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

    Parliamentarian

    http://www.parliamentarianalberta.com

     

    Karen replied 7 months, 3 weeks ago 1 Member · 0 Replies
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