A common form of parliamentary procedure used by community associations is Robert’s Rules of Order Newly Revised 12th Edition (RONR). If there is a conflict between the form of parliamentary procedure used by the association and the governing documents, the documents prevail. If there is a conflict between the parliamentary procedure and a state statute, the statute prevails. If there is a conflict between the association documents and the state statute, and the documents include Kaufman language, the statute prevails. If this is the case, the board should consult with the association attorney regarding which procedure to follow. Robert’s Rules is a well-known manual of parliamentary procedures that dates back to the late 1800’s. Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies, such as community association board, member, and committee meetings. From an article written by the law firm of Becker & Polikoff, August 30, 2022: Do Robert’s Rules of Order Apply to Community Association Meetings? the author reported that many times members and board members complain that their association is not following Robert’s Rules of Order (Robert’s Rules) during their board and/or owner meetings. They went on to point out that there is no requirement in any of the community association statutes (F.S. 718, 719, or 720) to follow Robert’s Rules. In some cases, the association’s governing documents (the bylaws) will require the association to adhere to Robert’s Rules. In other cases, the governing documents will state that Robert’s Rules may be used as a guide, but it is not required. Many bylaws do not mention Robert’s Rules at all. Therefore, unless your governing documents require Robert’s Rules, it’s not applicable. Most community associations want some structure for their meetings. They commonly try to follow the most important concepts of parliamentary procedure: ● Making motions Remember that in community associations, owners are entitled to speak on agenda items and the owners’ comments will also need to be part of the meeting. A CAM should understand the basic procedures of a meeting. Often, they serve to guide the board in the process. The author of the article concluded that while board members should have a basic understanding of parliamentary procedure, compliance with Robert’s Rules is not required unless the bylaws make compliance mandatory. Often newer community associations are more inclined to make their own procedural rules for meetings, using Robert’s Rules as a mere guideline. The Advantages and Disadvantages of using Robert’s Rules of Order Advantages Disadvantages Allows the board to keep ● Having a second made to the motion ● Debate (discussion) on the motion ● Put the motion to a vote ● Announce the results of the vote
Regulates the establishment of a quorum number and majority vote. Specifies when discussions and votes can happen.
Possible conflict with state laws.
Possible conflict with the association’s governing documents.
Well-structured meetings What helps to make a meeting successful with as little disruption as possible? The structure of the meeting and the adherence to the process by the board and members and conducting the meeting. The meeting process should flow smoothly if holding to a protocol that is followed. Following the agenda for a meeting is essential. Here are some ways that the body conducting the meeting can help to keep the meeting stay on track: ● Call to order : The meeting should be called to order at the time that the meeting is set for on the notice. ● Agenda : A detailed agenda for condominium, cooperative, and homeowners’ associations is required to be posted with the notice of the meeting. Following the agenda keeps the meeting on track. ● Recognition of speakers : Whomever is conducting the meeting should recognize each person who is to speak to an agenda item by name. ● Motions, seconds, voting : According to Robert’s Rules, a second must follow a motion. If no one does second a motion, the motion effectively dies. The chair should not permit any side discussions to take place to avoid straying from the topic at hand. Following the discussion, the chair can then call for a vote. ● Open discussion from the floor : Remember that members have the right to speak to any agenda item or item open for discussion. ○ Keep in mind that boards need not address concerns that don’t appear on the agenda during the open forum; instead, they can include them in the agenda of the next meeting, or allow for good and welfare, which allows members to bring up other matters that may not be on the agenda. Robert’s Rules of Order voting on a motion Organizations must ensure that all members have a right to vote (unless their rights have been properly suspended). When taking a vote on a motion, there are three key questions to consider: ● Was the vote conducted fairly and impartially? ● Did each eligible voter get a chance to cast their vote? ● Did the announced outcome accurately represent the votes of the members? 3R-SUN Remembering this quick reference for a basic agenda may help you to understand RONR’s standard order of business. R eading and approval of minutes (of the previous meeting of its kind) R eports of officers, board, and standing committees R eports of special (select and ad hoc) committees S pecial orders (instructions to a CAM, staff, board, etc.) U nfinished business and general orders N ew business
Many opportunities to misinterpret the rules that can complicate meetings.
meetings efficient and productive by strictly adhering to the agenda and forbidding participants to speak out of turn.
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