Recent Challenges to SMLCA By-law No. 4

The Board of Directors of the SMLCA received a communication questioning a clause in By-law No4. that governs the SMLCA.

Specifically, clause 6.4(c) that reads:

“Notice of the time and place of a meeting will be given to each Member in accordance with Section 7.5 at least thirty (30) days before the meeting. The Board will solicit agenda requests from Members at least sixty (60) days in advance.  With respect to procedural matters which are in dispute, Robert’s Rules of Order Newly Revised shall govern all meetings of Members to the extent that they are not inconsistent with this by-law.”

The communication expressed concern about the second sentence that solicits agenda items at least 60 days in advance of the AGM stating publicly that “This sentence was slipped into the by-law in 2018 and is a blatant attempt to restrict the rights of members. It should never have been added into the By-law and it should be removed, not amended.”

Given the process under which the by-laws were amended, we are concerned by the implication of impropriety and underhandedness.  To assuage these concerns with our Members who also may have received this communication, we wanted to take an opportunity to remind our Members how our by-laws came into existence.

It was a thoughtful, balanced, and inclusive process that took two years.  It involved a Committee that worked with our Board, our Members, our community, and had a full legal review by a Federation of Ontario Cottagers’ Associations (FOCA) recommended legal team.  There was a focus group with our Members, multiple calls for feedback and input.  All done in advance of a special meeting called specifically for the purpose of approving the by-law by Members after a section-by-section presentation by the Committee highlighting the changes, the intent behind the changes, and the implications to Members.

Considering that, the accusation that we slipped a sentence into the by-law is an intentional attempt to undermine our by-laws and malign our current Board of Directors.

The communication further went on to challenge the intent and meaning behind the clause as discussed at an October 2019 Board meeting – reflected in our published Minutes – that “Our intention is that motions come in advance so that our membership has an opportunity to attend and respond” saying that this  “…stated intention is a lame, attempted  justification for preventing Members bringing a motion on a legitimate business issue up at an AGM.”

Again, a troubling accusation.  We stand behind the intent as published in our Minutes.  From a procedural standpoint, doing it this way allows us to publish an Agenda that will properly introduce the necessary information to be discussed at the AGM in advance.

The communication challenging this section also states “A Member of an organisation has the right and a responsibility to attend an AGM if he or she is interested in participating in the affairs of the organization, no matter whether she or he knows what is on the agenda in advance.”  We know that what we *want* to do, *can* do, or what we *should* do often compete with each other.  Things well beyond our control can prevent any Member from attending the AGM.

Motions brought forward at the AGM raise a number of issues – most importantly – where a Member is represented by a person appointed by proxy, that appointed proxy would not have the proper direction to vote on the new matter raised.  So, in other words, an inclusive Agenda circulated 30 days in advance provides Members the information they require to form a reasoned judgment on the business of the meeting and whether they intend to attend or not.  This is very important to us as an organization.

If any of our Members have concerns about this section in our by-law, or if you feel it is ambiguous or unclear, you can contact us at info@sixmilelake.net.