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BrianK1 (Colorado)
Posts: 54
Posted:
How should I handle tenants, non-owners, non-members who show up at the annual member's meeting to spout off about something like covenant enforcements that they don'e agree with? Politely ask them to leave, and if they don't leave, what next?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Brian,

The Landlord is responsible for their interaction with the HOA. Get that person to inform tenants that they are breaking rules and inform the landlord that he needs to get the behavior under control.
BrianK1 (Colorado)
Posts: 54
Posted:
The landlord sides with the tenants in the dispute. I interact with the landlord owner, but the tenants, who's names I don't even know, want to butt in at the annual meeting, as the meeting date, time and place is posted on premisis. How do I get them to leave?
DanielH1 (California)
Posts: 482
Posted:
It largely depends on the nature of the disruption.

If they disrupt continually throughout a meeting, you can adjourn the meeting and explain that all future meetings will be adjourned if the audience interferes with the meeting.

If they just want to argue on their one point, you can try to explain that you can't do anything about individual cases. If they want to argue against a rule, fine but, if they want their individual violation of a rule, they'll need to a special hearing for that.

If the difficulty becomes extreme, post on future notices that "the Board Meeting is a private meeting only open to the owners and all others will be arrested for trespassing". If they keep showing up, call the police.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Daniel,

I strongly disagree with stopping and cancelling a meeting over anyone causing a disruption. All of the members who show up and expect an orderly meeting, deserve that meeting. It is under the BODs job to maintain order of a meeting. Have them removed if reasoning does not work. They are not entitled to be there so why have they not been informed and removed?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We have a rule and it was amazingly understood by EVERYONE that Renters were NOT allowed at our meetings. They have NO voting rights and couldn't really contribute to passing a decision. That's NOT to say they couldn't suggest or bring ideas to the table. I would gladly listen. However, they weren't allowed at meetings. Most of our renters also didn't want any involvement at all with the HOA anyways...

There is no reason you can't call the police. There is still a difference between HOA business and Public safety. Let them know that the HOA is open to their issues but ONLY if it comes through their owner. The renter has NO vested interest in the HOA or property. They don't pay the dues and they have the right to vote/elect. If they have issues, it is the responsibility of the owner to resolve. Just like it's the owner's responsibility to make sure they follow the HOA rules.

Let your membership know this is the rule. Post it on the notification for the meetings that is for MEMBERS ONLY. MEMBERS ARE DEFINED AS OWNERS. If they get mad or upset then let them. It's their problem and if they don't like it they can just move like the rest of us...

Former HOA President
JanetB2 (Colorado)
Posts: 4,219
Posted:
Was the covenant enforcement directed towards the tenants?

Below is an example from CCIOA. However, it varies slightly as this is regarding Homeowner Associations so if you are a Condominium or if you have time shares then there are potential slight differences:

38-33.3-308. Meetings.

(2) (a) All regular and special meetings of the association's executive board, or any committee thereof, shall be open to attendance by all members of the association or their representatives. Agendas for meetings of the executive board shall be made reasonably available for examination by all members of the association or their representatives.

(2.5) (a) Notwithstanding any provision in the declaration, bylaws, or other documents to the contrary, all meetings of the association and board of directors are open to every unit owner of the association, or to any person designated by a unit owner in writing as the unit owner's representative.

If the unit owner has not designated in writing that the tenant is their representative and as long as your governing documents do not potentially allow tenants to participate in meetings, then you need to inform them that as they are not members NOR legal representatives of a member. They need to please leave as the HOA’s documents and Colorado State Law/Statutes requires that meetings are only open to members and their designated legal representative(s).

Sometimes describing the legalities of a situation will make an individual hopefully understand.

JonD1
Posts: 2,350
Posted:
The answer as suggested is real simple call the police.

Inform them this is a private meeting of those holding ownership rights on the property and tenants have no such rights.

Let the police earn their money.

The tenants ONLY relationship is with the property owner from whom they rent. Paying rent does not provide them with any say in the operations of the property.

By allowing this behavior as suggested you are allowing a disservice to the owners on the property who have a financial interest in the property.

Tenants have no such rights.
MikeS1
Posts: 521
Posted:
Our bylaws have a clause that basically says that the tenants may come to the meeting and speak, but they need a letter or authorization from the owner of the property. Check your docs. You might NOT be required to talk to them unless the owner authorizes them to be an agent for the owner.
MilesT (Texas)
Posts: 34
Posted:
Donna -

Our rules state that only owners of record can attend all HOA meetings. Renters are to address all concerns directly with their owners. Our management company has in their contract with us that they will not take maintenance requests from tenants. They have to call the owner and the owner, the person who pays the dues and that is listed on the HOA roles, must call or email the requests or complaints to the management company.

Also, out bylaws state clearly that all renters must abide by the Association rules and regulation, including the bylaws, and it is the owners responsibility to enforce this with the renter. Proxy's can't be given to non-owners of record and are void.

If you want to push through the important parts of the meeting first, start the meeting stating that after the meeting business, you will open the floor to *owners* comments and concerns. This is what we do. That way, if things get out of control you can adjourn the meeting while having accomplished the meeting goals. I know it seems a mature take and it's hard to do this sometimes with a passionate audience, but all of this will be on record if you have a diligent secretary and management company. Place all these minutes and agenda documents on file in case any future issues arise.

Finally, your board needs to have a united front on managing this behavior. If they see that all of you will not tolerate off topic comments, rage, cursing, disrespect, they may pause. I've found that this type of behavior is because people do not feel they are being heard - either by the owner or the board.

Good luck!

MilesT (Texas)
Posts: 34
Posted:
Donna -

Our rules state that only owners of record can attend all HOA meetings. Renters are to address all concerns directly with their owners. Our management company has in their contract with us that they will not take maintenance requests from tenants. They have to call the owner and the owner, the person who pays the dues and that is listed on the HOA roles, must call or email the requests or complaints to the management company.

Also, out bylaws state clearly that all renters must abide by the Association rules and regulation, including the bylaws, and it is the owners responsibility to enforce this with the renter. Proxy's can't be given to non-owners of record and are void.

If you want to push through the important parts of the meeting first, start the meeting stating that after the meeting business, you will open the floor to *owners* comments and concerns. This is what we do. That way, if things get out of control you can adjourn the meeting while having accomplished the meeting goals. I know it seems a mature take and it's hard to do this sometimes with a passionate audience, but all of this will be on record if you have a diligent secretary and management company. Place all these minutes and agenda documents on file in case any future issues arise.

Finally, your board needs to have a united front on managing this behavior. If they see that all of you will not tolerate off topic comments, rage, cursing, disrespect, they may pause. I've found that this type of behavior is because people do not feel they are being heard - either by the owner or the board.

Good luck!

MilesT (Texas)
Posts: 34
Posted:
Donna -

Our rules state that only owners of record can attend all HOA meetings. Renters are to address all concerns directly with their owners. Our management company has in their contract with us that they will not take maintenance requests from tenants. They have to call the owner and the owner, the person who pays the dues and that is listed on the HOA roles, must call or email the requests or complaints to the management company.

Also, out bylaws state clearly that all renters must abide by the Association rules and regulation, including the bylaws, and it is the owners responsibility to enforce this with the renter. Proxy's can't be given to non-owners of record and are void.

If you want to push through the important parts of the meeting first, start the meeting stating that after the meeting business, you will open the floor to *owners* comments and concerns. This is what we do. That way, if things get out of control you can adjourn the meeting while having accomplished the meeting goals. I know it seems a mature take and it's hard to do this sometimes with a passionate audience, but all of this will be on record if you have a diligent secretary and management company. Place all these minutes and agenda documents on file in case any future issues arise.

Finally, your board needs to have a united front on managing this behavior. If they see that all of you will not tolerate off topic comments, rage, cursing, disrespect, they may pause. I've found that this type of behavior is because people do not feel they are being heard - either by the owner or the board.

Good luck!

MilesT (Texas)
Posts: 34
Posted:
Jon - I agree. We have a police officer at our meetings every month to provide us with a crime update. Having him there in uniform, which the city provides at no cost for community relations (for crime updates, not for security). We put him on the agenda towards the end of the meeting or after a potentially hot topic. The appearance of having him there for crime watch is less threatening, but also keeps the wackos at bay.
JimV3 (Georgia)
Posts: 2
Posted:
We have had those issues in the past, but since we got HomeElephant the issues were done over live chat. People are much friendlier in person after the chat sessions.
JonD1
Posts: 2,350
Posted:
Miles:

You have wackos down there in Texas????

I was hoping if you were in short supply we could send you down a few extras we have here in NY.

We have police at all of our owners meetings and they have taken people out in handcuffs.

I have little patience for that kind of nonsense.

Tried to get the police to draw their guns one year they thought it was a bad idea.
BrianK1 (Colorado)
Posts: 54
Posted:
Thank you all for your help. I apparently convinced one resident, a family member of the owner, that he was not an owner or co-owner, and that his mother is sole owner of the townhome. So he did not come to the meeting. Another tenant, a renter, shifted his complaining about covenant enforcement that I directed at him through his landlord, to complaining about the dues. This is where I drew the line and I told him I would not talk to him. So, that was the end of that. Yes, a renter complaining about the dues, if you can believe it.

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