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  • Condo Meeting Rules and Procedures Background Information (Archives)

    Posted by Phil on January 22, 2022 at 4:57 pm

    Section 18 of the bylaws ( In force – July 1/2019 ) provides as follows :

    All meetings of the board and general meetings are to be conducted according to the latest edition of Robert’s Rules of Order Newly Revised , unless alternate rules of procedure are adopted by the board .

    Implications

    If the default bylaws are embraced section 18 obliges the use of Robert’s Rules of Order Newly Revised ( RONR- 11th edition, Da Capo Press ) , for board and general meetings, or the condo Board must adopt alternate rules of procedure .

    This imposes a significant obligation( s. 21) on condo presidents ( or vice -presidents where a president is absent or disabled ) respecting board and general meetings of the corporation. If Robert’s Rules of Order Newly Revised ( RONR ) are to be the governing general set then condo officers responsible would do well to “tool -up ” in preparation for the coming challenge . This follows as Robert’s Rules (RONR ) is a very complex, cumbersome and labyrinth- like compilation of meetings procedures that runs to near 700 pages . Difficulty, or even disaster ,awaits the uninformed president who assumes that she/he can navigate and apply these rules in circumstances where members of the assembly are deeply divided ,or where there are complex issues for determination and a strict application of rules is required to maintain understanding , order, and efficiency .

    The following measures are accordingly recommended:

    1. Acquire and thoroughly study a copy of Robert’s Rules of Order Newly Revised- In Brief ( 2011, 2nd ed., Da Capo Press ) . The In Brief version of of Robert’s Rules is published by the same team of authors who produce the official and authorized text of RONR, and is accordingly (abbreviated ) authoritative and seamless as to the application of Robert’s Rules .This highly accessible publication is written in clear and simple language and will likely address most of the procedural issues that are likely to arise at a board or general meeting .

    2. Acquire a copy ( not a “knock- off ” ) of Roberts’ Rules of Order Newly Revised ( 2011, 11th ed., Da Capo Press /RONR) and apply this text as the ultimate resource authority for the condo corporation respecting meetings procedure. This full set will be of considerable assistance to the condo corporation when opportunity arises for research in advance of a meeting . However , RONR should be understood to be of very marginal value for use at an actual meeting ,unless the person seeking to apply it has significant training in its intricacies .

    3. Attend a one day workshop ( or more ) on Robert’s Rules of Order offered by a suitably qualified professional parliamentarian . The designation of Professional Registered Parliamentarian ( PRP ) from the National Association of Parliamentarians ( NAP ), or Professional Certified Parliamentarian ( PCP ), from the American Institute of Parliamentarians are recognized credentials in this respect.

    4. Become a “qualified member” of the NAP. This is a very helpful measure and readily accomplished by any person who completes the task set out in the above ( #1 recommendation). Successful completion for membership obliges 80% accuracy in a multiple choice or T/F test of 40 questions . NAP makes this quite an easy hoop to jump through as the 40 questions are provided to test takers in advance , on a list of 100 possible questions. Acquiring NAP membership inculcates confidence in a presiding officer ( meetings Chair ) and allows that even this modest credential can nevertheless be made known ( for good value ) to an assembly .

    ____

    An alternative to using Robert’s Rules ( RONR ) is to adopt a different general set ,or to craft and put in place a procedural set created by the condo corporation.

    At present there are as many as 20 general sets of procedural rules available for adoption . Several are Canadian made ( Bourinot ; Beauchesne; Kerr & King ; Wainberg ; etc ) . Twice that many are available from USA authors ( Standard Code ; Mason’s; Demeter ;etc.) . Any one of these sets , of course , could be adopted by a board as the procedural set for their condo corporation . However, not one of those sets offers presiding officers a highly valuable , In Brief ( summary ) ,as does the official Robert’s ( RONR ) . In addition, almost all of the alternative sets available rely on Robert’s ( 1876) for much of their internal structure and antecedent motions content . Although Robert’s is a cumbersome and tedious tangle it nevertheless is the recognized ” gold ” standard against which all other procedural sets are measured and RONR never comes up short in terms of the most comprehensive coverage .

    With respect to crafting and producing a board made procedural set , that option should not be considered unless the authors involved have a very considerable grasp of required core and necessary basics re meetings procedures. Completion of recommendations 1 to 4 above would only amount to the most marginal step in that direction for those interested in such a proposal. In most instances the option of “self-made rules ” is highly inadvisable unless a highly qualified expert is retained to assist the board in the preparation of such a set .

    Inquiries or questions on this note are , of course , most welcome and all such will be answered by this forum writer .

    Pat Knoll PRP

    http://www.parliamentarianalberta.com

    Phil replied 10 months, 1 week ago 1 Member · 3 Replies
  • 3 Replies
Please spread the word!
  • Phil

    Member
    January 22, 2022 at 5:04 pm

    After the new regulation is applied ( July 1 /2019 ) an agenda ( s.21 bylaws ) could conceivably be constructed as follows :

    Condo Corporation 7777 , Handover ,Alta. – AGM – July 2/2019

    Introduction

    Declaration of Quorum

    I. Call to Order

    II. Call of Roll- Certification of Proxies

    III. Proof of Notice of Meeting /Waiver or Proxies

    IV.Reading and Disposal of Unapproved Minutes

    V. Vote on Agenda Items

    VI. Reports of Officers and Others

    A. Board Chair ( if any )

    B. Financial Report – Treasurer (if any )

    C. Property Management (if any )

    D. ( Other- if any )

    VII.Reports of Committees

    A. Condo Rules Committee ( if any )

    B. Members Committee ( if any )

    C. Common Room and Pool Committee ( if any )

    VIII. Election of Members of Board

    IX. Agenda Items – Unfinished Business

    A. Resolution re New Roof ( postponed from 2018 AGM )

    B. Resolution re Insurance ( on approved 2018 agenda – not addressed )

    X. Agenda Items – New Business

    A. Proposal ( resolution ) to alter pool usage ( submitted by Board )

    B. Proposal ( resolution) to vary parking signage ( R. Hu )

    C.Proposal ( resolution) to re-locate recycle /disposal containers (K. Singh )

    D.Proposal (resolution ) to acquire a goat as building mascot ( P. Brown )

    XI. Questions and Answers

    XII. Announcements

    XIII. Adjournment

    ____________

    Note :

    The above draft agenda would be subject to a motion to approve the order of (and items of ) business , at the point where the presiding officer reaches heading V., noted above. Items could be re-organized/ordered , or deleted ( struck out ) through that motion , even if they were proposals submitted and filed within the “deadline” by owners . However, proposals to take other action(s) ( additional resolutions not submitted within the filing “deadline “) would not be allowed, nor would a motion to amend something previously adopted be in order that sought to add any further proposal (resolution ) . And ,on reaching item X on the agenda , it would not be possible for an owner to demand that additional matters of “new business ” be added under that heading (unlike Robert’s Rules , RONR ).

    Additionally , although section 21 (2) of the bylaws ( July 1/2019 ) provides that at an annual general meeting the order of business (” is to be as follows ” ) with 11 headers ( (a) to (k)) that provision does not preclude additional headers if preferred ( eg. Questions and Answers ; Announcements ) .

    This is one way the new Regulation and Standard bylaws may apply – re agenda .

    __________________

    Pat Knoll PRP

    Professional Registered Parliamentarian

    http://www.parliamentarianalberta.com

    ( See, additional Note below )

    Please spread the word!
  • Phil

    Member
    January 22, 2022 at 5:08 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 .

    _________

    Pat Knoll PRP

    Professional Registered Parliamentarian

    http://www.parliamentarianalberta.com

    Please spread the word!
    • Phil

      Member
      January 22, 2022 at 5:12 pm

      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 dependent in content and application on the choice of bylaws applied .

      P . Knoll

      Parliamentarian

      http://www.parliamentarianalberta.com

      Please spread the word!
Please spread the word!
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