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Started by JackB8 • 16 replies • 1445 views

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JackB8 (Virginia)
Posts: 141
Posted:
Our board of directors will allow residents one opportunity to speak at board meetings. If a resident wants to comment at a board meeting, they must do so during the 15 minute Community Comments period at the beginning of each board meeting. No further comments are allowed from residents during the meeting. I am of the opinion that the following requires that residents also be able to speak on agenda items if they so desire. The board and management company disagree and tell me the attorney supports interpretation to the contrary, which is that residents be given only one opportunity to speak.

From the Virginia Property owners Association Act, 55.510(1) D. Subject to reasonable rules adopted by the board of directors, the board of directors shall provide a designated period of time during a meeting to allow members an opportunity to comment on any matter relating to the association. During a meeting at which the agenda is limited to specific topics or at a special meeting, the board of directors may limit the comments of members to the topics listed on the meeting agenda.

Any thoughts on this Issue?
JonD1
Posts: 2,350
Posted:
Perhaps Tim might be move qualified by I would agree with the Board's understanding along with the attorney.

JackB8 (Virginia)
Posts: 141
Posted:
Jon. I'm missing something here. Who is "Tim"?
CarolR11 (Colorado)
Posts: 2,563
Posted:
Also, deferring to Tim, your code, JackB, is very similar to California's and I think many other states.

It's important to remember that this is about a meeting of the Board of directors. (NOT a meeting of the members--usually an annual meeting and election.) This means only these directors conduct the business that's on the agenda, make motions, vote and reach decisions.

Homeowners, as you can see, may contribute before the business portion of the meeting, and usually, per state law, the Board may limit the amount of time they may speak and how many times they may speak.

Our own Board has an "Open Forum" before and after the business portion of our board monthly meeting. Some boards do permit owners to chime in during the Board's deliberations, but that is strictly at the Board's discretion.

However rigid this sounds, JackB, you might be interested to know that some states do not require boards of directors to hold board meetings that are open to homeowners.

JackB8 (Virginia)
Posts: 141
Posted:
Thanks for your comments Carol. I appreciate your thoughts and know opening the meeting for comments could invite "excess" but not opening the meetings hinders potentially valuable communication. Either option has negatives I guess. Thanks again.
JoK2 (California)
Posts: 198
Posted:
If the statute you list says they have to designate a time for you to speak, and they do, what is the problem again? That it's not long enough? I don't understand what your asking if they are following this.
JoK2 (California)
Posts: 198
Posted:
Also, if you don't feel that time frame is enough, just ask them to please put it on the agenda for the next board meeting or members meeting.

These rules are not designed to shut you up, but to preserve the board meetings for Everything that has to be discussed. Your right, it could turn into a free for all. Since they are volunteers, it is only fair they have a set time frame for the monthly board meetings, otherwise homeowners could keep them there all night.

Your board will support you if you support them!
RichardP13 (California)
Posts: 1,767
Posted:
The first sentence of Virginia POA Act 55.510(1) D says it all, SUBJECT to REASONABLE RULES adopted by the board of directors, which means they could set up an open forum on any discussion and then have homeowners comment on specific agenda items once they were being discussed in the agenda. Not likely, but the wording is there for the board to create procedures for it to happen. The last sentence I take as an agenda for a special meeting, called for a special purpose, with a specific topic.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Jack,

It sounds like your board has adopted the very minimum your state law requires. It stinks.

Just for comparison, here is the AZ version. It goes far beyond what VA requires.

"A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members' association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association or any person designated by a member in writing as the member's representative and all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings. The board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a member or member's designated representative to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item in addition to any other opportunities to speak. The board shall provide for a reasonable number of persons to speak on each side of an issue. . . . " ARS 33-1804

TimB4 (Tennessee)
Posts: 21,059
Posted:
Jack,

First, I am not an attorney and I do not work in the legal profession.

As you correctly pointed out, VA § 55-510.1 is the statute that applies for VA HOAs (VA § 55-79.75 applies to Condos) concerning allowing members to attend and participate in meetings of the Board of Directors.

The statute is very clear: "the board of directors shall provide a designated period of time during a meeting to allow members an opportunity to comment on any matter relating to the association."

To comply with the Statute, the Board must>/b> designate a time when members may contribute. This is typically done during the open forum section of the agenda. Some Associations have this section at the beginning of the meetings, some at the end.

To support my interpretation, the Fairfax County Community Association Manual, specifically Chapter 2 page 38, which provides a sample agenda which has a line item of "membership participation."

HOWEVER as outlined in the statute itself, the Board can adopt reasonable rules concerning when members are allowed to participate. Therefore, if your Board desires to have members participate throughout the meeting (this is how we allow member participation in our Association), then the Board may adopt rules allowing that. If your Board desires to only designate a specific part of the agenda for members to participate, then they can do that. Either one would, in my opinion, comply with the statute.

What I have discovered is that in those Associations that have little member participation in Board meetings the Board is more likely to include everyone in attendance in discussions on issues. In Associations that have a lot of member participation, or have an issue that divides the membership, the Board is more likely to allocate a specific time frame for members to offer their opinions and suggestions. If you think about it, this makes sense. Meetings can take 60-90 minutes as it is. If there are more individuals who want to participate and be included in the discussion, if the Board doesn't limit how they can participate, the meeting can go on much, much longer. Typically, any meeting that exceeds 90 minutes becomes unproductive because people just want to go home.

To summarize, the Board may allow participation throughout the meeting. However, to comply with the applicable VA statute, they must, at the minimum, provide a portion of time for members to be heard at some point in the meeting.

Hope this helps,

Tim

TimB4 (Tennessee)
Posts: 21,059
Posted:
Oops, I missed a bracket. Let me try posting it once more with less bold.

Jack,

First, I am not an attorney and I do not work in the legal profession.

As you correctly pointed out, VA § 55-510.1 is the statute that applies for VA HOAs (VA § 55-79.75 applies to Condos) concerning allowing members to attend and participate in meetings of the Board of Directors.

The statute is very clear: "the board of directors shall provide a designated period of time during a meeting to allow members an opportunity to comment on any matter relating to the association."

To comply with the Statute, the Board must designate a time when members may contribute. This is typically done during the open forum section of the agenda. Some Associations have this section at the beginning of the meetings, some at the end.

To support my interpretation, the Fairfax County Community Association Manual, specifically Chapter 2 page 38, which provides a sample agenda which has a line item of "membership participation."

HOWEVER as outlined in the statute itself, the Board can adopt reasonable rules concerning when members are allowed to participate. Therefore, if your Board desires to have members participate throughout the meeting (this is how we allow member participation in our Association), then the Board may adopt rules allowing that. If your Board desires to only designate a specific part of the agenda for members to participate, then they can do that. Either one would, in my opinion, comply with the statute.

What I have discovered is that in those Associations that have little member participation in Board meetings the Board is more likely to include everyone in attendance in discussions on issues. In Associations that have a lot of member participation, or have an issue that divides the membership, the Board is more likely to allocate a specific time frame for members to offer their opinions and suggestions. If you think about it, this makes sense. Meetings can take 60-90 minutes as it is. If there are more individuals who want to participate and be included in the discussion, if the Board doesn't limit how they can participate, the meeting can go on much, much longer. Typically, any meeting that exceeds 90 minutes becomes unproductive because people just want to go home.

To summarize, the Board may allow participation throughout the meeting. However, to comply with the applicable VA statute, they must, at the minimum, provide a portion of time for members to be heard at some point in the meeting.

Hope this helps,

Tim

JackB8 (Virginia)
Posts: 141
Posted:
Tim. Thanks for your comprehensive response. Your response and the other responses have been very helpful. I appreciate you all.
CarolR11 (Colorado)
Posts: 2,563
Posted:
If you have a cordial relationship with one or more directors, why not ask them if h'owners amy contribute from time to time during their deliberations about agenda items? There certainly are some topics that homeowner feedback during the agenda item discussion can be very helpful to a board.

Alternatively, see if your board will loosen up its rules a bit by allowing more than one comment/question per h'owner and/or allowing a second open forum after the formal business of the board has been conducted. Homeowners here, as recently as our January meeting were unhappy with a board decision and said so at our 2nd open forum. I made a motion to "reconsider the decision previously made about xx." It was seconded and passed. The Board voted differently this time.

Keep in mind too, JoK's observation: "Your board will support you if you support them!"
JackB8 (Virginia)
Posts: 141
Posted:
Carol. I find it interesting when reading posts how one's attitude shines through. Your responses to this post, like several others, were in my opinion completely without prejudice, sarcasm or indications of a closed mind. I found them quite insightful and informative. Although JoK's observation: "Your board will support you if you support them!" is operative in most cases, that is not the case here.

JackB8 (Virginia)
Posts: 141
Posted:
JoK2. You said: If the statute you list says they have to designate a time for you to speak, and they do, what is the problem again? The statute I referenced says, in my opinion, attendees should have two opportunities to speak (one generally and one during agenda discussion). The board disagrees. That it's not long enough? I said absolutely nothing about not having enough time to speak. I don't understand what your asking if they are following this. My point is that they are not "following this" - the law, in my opinion, and that is why I asked for your opinion/help. I'm not sure you really read what I wrote. Opinions from people like yourself are important to me because of your experience. The thing I found interesting was your comment about working with the board. You picked up on the fact that I am having problems in that area. In too many cases the board ignores residents or sets up barriers to communication with the result that many of their decisions, after much extra effort, are turned around. Carol had a fine example of a decision turned around "during a meeting" because the board heard from residents and reconsidered. Carol described a "Communication leads to Success Scenario". Where I am, reconsideration takes months and much resident involvement. .
JackB8 (Virginia)
Posts: 141
Posted:
"I made a motion to "reconsider the decision previously made about xx." It was seconded and passed. The Board voted differently this time". And I will bet that the folks who were in attendance respected you and the board for your willingness to listen and reconsider. Exactly the opportunity a resident needs in a meeting, whether the board upholds the appeal or not - at least the board listened.
CarolR11 (Colorado)
Posts: 2,563
Posted:
A motion to reconsider comes from Robert's Rules of Order. We don't follow Robert's closely, but do in these cases. We've had perhaps four such cases in the past year. One was pretty rowdy!!

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