Adams Stirling PLC


Chair of Meeting. The president of the association chairs all membership meetings unless the president or the board decides otherwise. Until a board is replaced, it continues to carry out its duties as a board of directors. This means the board continues to pay bills, hold meetings, and make decisions affecting the association. It also means the board appoints an inspector of elections, sends out ballots, and conducts the special meeting for the recall. The meeting itself is chaired by the president. By statute, the only authority given to petitioners is to call a meeting, not name who runs the meeting. (Corp. Code § 7510(e).) Accordingly, the president of the association chairs the meeting or someone other than the president as may be determined by the board.

Who May Attend. Associations can restrict attendance at membership meetings to members only. Members may not send non-members by making them proxyholders. They can designate only members to attend in their place. (Civ. Code § 5130(a)(1).)

Parliamentary Procedure. Membership meetings must be conducted using a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt. (Civ. Code § 5000.) The most common procedure is Robert's Rules of Order, which allows members to make motions from the floor. In the "old days" a member could make a motion at the annual meeting. Once it was seconded and debated, it could be put to a voice vote or show of hands. That is no longer feasible since business at membership meetings is limited to the posted agenda.

Business Limited by the Agenda. Notice of meetings must specify those matters that will be presented for action by the membership. (Civ. Code § 5115.) Business at the meeting is limited to noticed items only; no other business may be transacted. (Corp. Code § 7511(a).) Most issues now require an Inspector of Elections (Civ. Code § 5110) and secret balloting for not less than 30 days (Civ. Code § 5115). This procedure effectively precludes all but incidental matters from floor votes. Even incidental matters are problematic. With the advent of mail-in ballots, few members attend meetings any more. In a 100-unit association, sixty members might send in ballots, thereby establishing quorum for the meeting, but only nine members might actually attend. If one person makes a motion to change the color of all buildings from earth tones to navy blue and five vote for the change and four against, does the motion pass? I don't believe it does. Any matters of significance should be put to a vote of the entire membership via written notice and ballot rather than from the floor of an annual meeting.


Registration. Registration starts at _______ p.m.

Call to Order. The Inspector of Elections determines when a quorum has been achieved. At that point, the meeting is called to order by the President.>

Approval of Minutes. By the board, a motion is usually made to waive the reading of the prior year's minutes, followed by a voice vote to approve the minutes. “Is there a motion to approve the minutes of last year’s Annual Meeting? . . . Is there a second? . . . All in favor? . . Opposed? . . . Motion carries and the minutes are approved.”>

Approve of Tax Resolution. excess income resolution is not on the ballot; it can be approved at the meeting by membership voice vote. Generally, no business is conducted except those items directly related to the election. See restrictions on matters that can be raised from the floor.>


Nominations. <If authorized by the election rules, nominations are taken from the floor, followed by statements by nominees.>

Close the Polls. Before the meeting. If polls remain open during the meeting, (i) the President can call for a motion to close the polls so the counting of ballots can begin, or (ii) the Inspector of Elections can ask if everyone has voted and wants to vote and announce that the polls are closed.>

Presentation of Awards. present awards to retiring directors and recognize the work of committees.>

Open Forum. Members in good standing are free to speak on any matter of interest to the community. Members must observe rules of decorum and not disrupt the meeting. Each person will have three minutes to speak. If they are in the middle of a sentence when time is called, they may finish their thought before sitting down. The time guidelines ensure that others will have an opportunity to speak. Speakers may not allot their time to someone else.

Election Results. <Announce election results.>

Adjournment. adjourn the meeting.>

Organizational Meeting. New and continuing board members will meet after the meeting to elect officers and establish board meeting dates and times.

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Adams Stirling PLC