J.F. from Bergen County, New Jersey writes:
Dear Mister Condo,
The “new business” section of the agenda and “appointing an officer” do members get to debate. I was reading RONR (11th ed don’t have 12th yet). Our founding documents don’t overtly allow owners/members to make a motion at open session, just observe: do I include the “new business” section in the agenda as I thought that new business was only to allow members of the condo association to make motions (not for board members to state new business?).
Our founding documents allow the board to “appoint” a member to an open seat when a still serving member has had to resign. The board will make a motion to appoint the person we have selected: do we have to open that motion up to discussion/debate or do we simply have the right to do that given that our founding documents permit it?
Mister Condo replies:
J.F., kudos to you for referencing Roberts Rules and wanting to do the proper recording in the Association’s Meeting Minutes. Unless your state laws or governing documents state otherwise, the Board, and only the Board, votes on appointments of a new Board Member to fill any Board vacancies created from death, resignation, or removal of a serving Board Member. If Board Members have remaining terms (say 18 months left on a 24-month term), the appointment is for the remaining term. The Minutes would simply reflect the Board Member who motioned the appointment, the Second to that motion, and the result of the vote (4 in favor, 2 against – for instance). There would be no need to record what was said in favor or against the appointment, simply the result of the vote. I hope that helps! Keep following Roberts Rules! Parliamentary procedure keeps civility and helps the Board get things done right! All the best!