Unruly disruptive members at meetings

My HOA is in Virginia and VA has what is called POA Act. All members can attend meeting but as a rule don't. We have one couple that attends and only disrupts and trys to re direct topics to thier own agendas.. Can we as a board, ask them to leave or bar thier attendance.??? The couple is the home owner in our subdivision that is violation of our CC&R.

Albert,

You should try to work with the couple if possible. The Board should always be polite but firm when needed.

Per VA § 55-510.1 not only are they allowed to attend but they are allowed to speak at the meetings at appropriate times.

I would suggest that, in accordance with VA § 55-510.1 (see earlier link), the Board adopts a policy resolution specifying when non-board member may be heard at board meetings (typically during new business or an open forum). Within this policy specify procedures on how to handle unruly or disrespectful members (polite warning, 2nd warning, removal).

If the members are being abusive and the board meeting is being held in someone's home, I would recommend the following procedure:

1) President politely warns the members to be polite and courteous.
2) If repeated, final warning with the additional remark that if it continues they will be asked to leave.
3) If repeated, President calls for recess of the meeting due to disruptive and abusive behavior and to reconvene once the Mr/Mrs x leaves. Motion is seconded and voted on.
4) Once the meeting is recessed, Owner of the property politely asks the individuals to leave.
5) If members do not leave, the owner contacts the police charging the individual/s with trespassing (as they have been asked to leave but refused).
6) Police show up and, if needed, escorts the individuals from the property.
7) Meeting reconvenes.

Note: Steps 1-3 should be recorded in the minutes with the name of the members identified.
Steps 4-6 is a personal matter between the owner of the property the meeting is held in and the individuals who were asked to leave (these steps are not an association issue).

Again, try and work with the individuals first.

When we have members attend, we always open the floor first allowing them to speak about any issues they may have first and then politely thank them and invite them to stay while the meeting continues but that they are welcome to leave at anytime if their schedule doesn't allow them to stay.

If the issue they bring up is one that needs further investigation, we actually ask them if they would like to be on a committee to investigate the issue (usually they back off, sometimes they step up and help).

If the issue is violations of others, we inform them of the procedure to use.

If the issue is something already on the agenda, we will skip to that item and discuss it then OR inform them that the item is already on the agenda and will be discussed later in the evening.

Hope this helps,

Tim

You might try adopting the same protocol as your local school board or city council.

California generally is considered very lenient when it comes to Owners' rights. But even here, Owners at Board meetings may only speak during open forums--which must be provided--but they may not speak during the business portion of meetings unless invited by the Board.

A meeting of the Members (Owners) is a different matter

Albert, this may not suit your Board, but perhaps they can invite this couple to submit agenda topics. The couple might be advised to name the topic an provide written justifications for each one. There may be 2-3 basic issues that they want discussed and putting them in wiriting may help them organize their thoughts.

Though we only get 3-4 agenda items a year from Owners we always seriously discuss them. Well, one wanted us (the Board) to remove access to a deeded parking space in our underground garage to its delinquent Owner. That, we may not legally do, so that was handled very quickly.

Albert, remember when JM or I speak of the Davis-Stirling Open Meeting Act, it applies only to CA. The davis-stirling.com site, though, sponsored by an HOA attorneys firm, discusses a huge array of HOA topics, and often is useful to folks in other states.

Brad points out that Kansas permits Owners to speak about listed agenda items during the biz portion of open meetings of the board. Maybe VA does too.

JM--I'm pretty familiar with Cali's Open Meeting Act and, without researching it, please give me the article and section number that says that Owners must be permitted to speak before a vote during an open regular or special meeting of the Board. I don't think that's correct. Do you mean meeting of the Members (h'owners) ??

Relying on school board meetings or city council meetings as models might be helpful, but they are meetings that are open to the public and must comply with different laws (e.g., the Brown Act) than HOAs, which in our case, and probably most, is a non-profit mutual benefit corporation.