Members speaking at meetings outside of the open session

Rules are meant to be broken. Honestly, it's really up to the HOA and it's culture. Each HOA is different. I accepted open dialog and questions as I reviewed our agenda. If it was going to be a "hot topic" I may delay that until AFTER all the other official business was completed. Those type subjects could take a long time to cover so it was best to get business out of the way first. We only met once a month.

Communication is key in a HOA. It's best to keep it open as much as possible. I often took my dogs for walks around the neighborhood and talked to the members. Those members may never have attended a meeting, were renters, or just had questions. I didn't tell them "let's wait to the meeting to discuss this matter". I would listen to what they had to tell or ask me and bring it up at the meeting. Regardless if they attended or not. Their opinion and feed back was just as important as those who attended or volunteered.

I wouldn't get caught up in the whole proper procedure of a meeting unless the current format is not work. Our format was spelled out to us in our By-laws on the orders of the meetings and what was to be discussed. As long as those got covered, people could talk all they wanted...

Who's allowing this? Is it the president or is it some other board member?

Normally, there is a specified time period for association members observing thwe board meeting to address the board.

The president is the one who recognizes a person to speak. The president should not allow any other board member to recognize anyone to speak, especially a member observing the meeting. Allowing continual interruptions during the meeting slows down business and makes the meeting take longer that necessary.

MelissaP1,

I can't more strongly disagree with a couple of your statements.

Rules are not meant to be broken as breaking the rules or Law can open a Director to personal liability. Its not up to the HOA and its culture as the HOA is completely bound by the bylaws, CC&R's, and State laws. Our former Board felt they could run roughshod over our bylaws and State laws by not conducting meetings, conducting private meetings, making all decisions by e-mail with no other form of documentation etc... It resulted in two lawsuits against the Association with one being successfully won in Small Claims. The second was dismissed by the claimant upon successful negotiations with the Board on a resolution to the issue.

It can be part and partial that YOU decide when and where a member can participate. It should be well defined and upheld at all times so as to not create conflict.

Regarding your communication while its applaudable, at least in California if you, as a Board Member, are discussing HOA confidential business outside of an open board meeting you are opening yourself up to peronsal liability. If membership has an subject or an opinion they should participate in the open board meeting so that it becomes documented and can be acted upon by all Board Members not just yourself.

I totally agree with you, David. Here, too, previous boards had been very secretive, discussed matters in Executive Session that should have discussed in Open Meetings, etc. They'd also say things at board meetings, such as, "you know your neighbors disagree with your point of view," or whatever. These "neighbors" never seemed to attend. This certainly gave the impression that matters that should have been discussed at meetings, were floating around the community prior to meetings, often instigated by those directors.

There was a group of us dissenters, who finally got elected and we've changed all of that by scrupulously following the Open Meeting Act and being much more open in every way.