F.D. from Michigan writes:
Dear Mister Condo,
In an annual meeting, a member, not on the board, proposed a motion not on the agenda. In a flurry, the motion was seconded and voted in. Is this allowable? Only 44 of 110 members attended the annual meeting. The others had no notice of this motion. It was considered a quorum.
Mister Condo replies:
F.D., quorum issues aside, Annual Meetings and their agendas require proper notice. You could argue that since this item was not on the agenda, it should not have been voted upon and that adequate notice was not given. It is not uncommon that homeowners raise issues at the Annual Meeting. Many times, these motions make sense and the Board is eager to appease the homeowners. However, it is not proper and can be called back by unit owners who disagree with the decision. Of course, doing so requires that either the Board voluntarily take the corrective measures to make a proper course of business from the now passed motion or the unit owner(s) questions the action need to file suit against the association. It can get a little ugly (and expensive) if it comes to that. The practical question to ask is will the motion ultimately pass if it goes through the right channels. If the answer is “yes” then there may be little to do. If the answer is “no” or “maybe”, a challenge to the passed motion may be in order. The choice is yours. Good luck!