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KerryL1 (California)
Posts: 14,550
Posted:
I've been on our Board of 7 for over 8 years and we, per CA law, have open board meetings every month. The meeting agenda, also per CA law, is posted in our mailrooms 72 hours in advance.

During the 7 years, we've had an occasional angry or unhappy owner attend a meeting and vent a little. But generally, those who attend have been civil & courteous. In an HOA of 211 condos, about 18-25 attend each month. (We have about 34% tenants & 10% who live here part time.

"Mabel" had been on the board for 6-1/2 years but was defeated in her bid to be reelected last October. One reason was a very negative and inaccurate letter she passed out to owners about me. She has become very bitter and she also was more or less made so uncomfortable on a committee she chaired (and bullied) she resigned from it. To top it off, the prop.. mgr. (PM) who watched Mabel's back and catered to Mabel resigned a month ago. Our new PM seems much more professional and clearly will not play favorites among directors.

For the past three meetings, she has brought 3-4 other older unpleasant female owners to the open meetings, who didn't used to attend. They whisper while we're conducting business, sometimes, groan, sometime make negative remarks in response to committee chairs' verbal reports, etc.

The last straw (for me) came at last Tuesday's board meeting. At our second Open Forum at the end of the mtng, Mabel verbally lit into a director who's a very nice person basically accusing him of changing his mind back & forth about a certain topic.

Unfortunately, our prez, who used to be a good friend of Mabel's was too shocked to gavel Mabel silent. And I didn't say anything either! Mabel's angry-bird lady friends nodded in agreement with Mabel's tirade. They, oddly, reminded me of Madame LaFarge & friends knitting while many met M. Guillotine.

So the prez & I are writing a new set of rules of conduct for our Open Forums & Board meetings. The old one, which is on the back of every agenda, is long, boring and tired.

Do you use a Conduct Policy that's handed out to those who attend your Open Meetings?? If so, can you share it with me?? I'm working on one now, but welcome ideas!

(JohnC inspired this with his discussion of the negative men in his HOA.)
TimB4 (Tennessee)
Posts: 21,059
Posted:
No, we do not have a policy on conduct at meetings.

We expect those in attendance to be civil (civil as determined by the Board).
Those who are not civil are given one warning and on the second incidence, asked to leave.
If they refuse to leave, we recess the meeting and (since we meet in a directors home) the homeowner asks the individual to leave. If they refuse, the police are called by the homeowner to ask them to leave.

Per Merriam-Webster:

Civil - : polite but not friendly : only as polite as a person needs to be in order to not be rude
BarbaraB10 (California)
Posts: 117
Posted:
>>> The meeting agenda, also per CA law, is posted in our mailrooms 72 hours in advance. <<<

Hi Kerry

Not sure if it's a typo but the Open Meeting act requires 4 day agenda notice - 72 hours is 24 hours shy. Civil code 4920

In addition to posting, any requests for individual delivery (member written request for email, 1st class mail) must be met in addition to posting in the common area. Civil codes 4920, 4045, 4040.

http://www.davis-stirling.com/MainIndex/Statutes/CivilCode4920/tabid/3775/Default.aspx#axzz2CR2ljirY

I agree that the conduct should be briefly outlined on the agenda. My HOA does not include it.

KerryL1 (California)
Posts: 14,550
Posted:
Oh, thanks, Barbara--we do post it 4 days in advance (my math error) and no owner has requested US mail delivery. And I'm afraid I made it sound like CA requires monthly board meetings, but it does not. It does require that they be open.

I'm thinking it will be brief, but probably on the flip side of the Agenda.

Right, Tim, I'm aware that we can resort to the activities you outline, e.g., ask them to leave, etc. and could have one of our security offers escort them out of the meeting room if they refuse to leave. We're hoping that a clear outline of what's acceptable will calm them down and, I hope shut them up.
JonD1
Posts: 2,350
Posted:
Ah.....the endless perks of requiring open meetings. The gift that keeps on giving.

Isn't owner involvement a wonderful and positive thing all the time? Why would any HOA
decide open meetings are not the best option? After all it gives less than 10% of the owners a chance to play a role and remain informed.

Funny how openness and transparency are vital till someone rocks the boat and then we need to search for a means to stifle their now undesirable input.

Thankfully, we have found our answer.

Perhaps enforcing an age restriction on attendees that might keep those senior troublemakers under control.

I am surprised Davis-Stirling doesn't offer guidelines on how to handle this.......

JohnC46 (South Carolina)
Posts: 14,265
Posted:
.....I am surprised Davis-Stirling doesn't offer guidelines on how to handle this.......

Seems they do on everything else so why not this........LOL
PitA
Posts: 311
Posted:
? perhaps HOPA ?

nope, we are already OUT OF SIGHT behind our walls

KerryL1 (California)
Posts: 14,550
Posted:
Apparently, Jon, you weren't able to read the part of my post that says we've had occasional outbursts by Owners in the 8+ years I've been on the Board. And by occasional, I mean rare.

I'm sorry, JohnC that you feel you should not answer my sincere request for advice, but, instead, feel compelled to jump on Jon's petty bandwagon.

These nasty woman at present, are an anomaly. Their temporary misconduct would never justify our Board hiding behind closed doors in my HOA unless we directors cannot conduct business with them present. But even then then we'd simply kick 'em out.

Now I was actually hoping for some positive useful advice for wording on our agenda's flip side. That's what this forum is for.

If we banned those of a certain age, we'd have to ban 3 of our 7 directors!

I'll look at your sites later, Tim; think I checked those in Feb., but will review again. Thanks.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kerry...What Jon said was funny.....LOL
KerryL1 (California)
Posts: 14,550
Posted:
What Jon said about older Owners at meetings was funny, JohnC.
JerryD5 (Colorado)
Posts: 218
Posted:
At least you have people attend your meetings. We only have 4 quarterly meetings plus an annual meeting. No one shows up for the quarterly meetings and we have to beg enough owners to either attend or give a proxy so we have a quorom for the annual.

With that said, I am thankful that our meetings are not contentious. The board usually are in agreement with actions. The only real issue is with some changes to our ARC rules that were done 2 years ago. A particular couple (she was booted from the ARC committee) and the husband was on the board (but missed 2 of the last 3 quarterly meetings; he said his career was much more important to attend). We followed our established process and approved the changes. This caused the wife to go onto a tirade (not at any meetings but through an email and a flier campaign incuding a media press release). In the end, the changes went into effect and the husband lost his re-election to the board.

Kerry, good luck with dealing with your homeowners.
GenoS (Florida)
Posts: 4,276
Posted:
I think you just have to roll with it. If they're just trying to stir up trouble then they'll stop when their actions stop getting a rise out of everyone. It sounds like internet forums where "ignore the trolls" has always been the foolproof best way to deal with them, but nobody ever follows that advice because people just can't help themselves.

Don't be afraid to use the gavel and say, "constructive input is always welcome but what you are doing is disruptive".

We recently approved a Standing Rule for our meetings whereby a spot on the agenda is reserved for owners to comment on agenda items. In it we added language that people should be civil and courteous. You can't really enforce that, though, except for calling for order when the peanut gallery starts chattering or, as a last resort, asking the offending party to leave.
KerryL1 (California)
Posts: 14,550
Posted:
Thank you, Geno! Along with your insights, i just learned at one of the sites that Tim provided (I think) that at the second Offense--say yakking with a neighbor we're trying to conduct business, One of us directors will ask to note the 2nd warning in the minutes with the name of the offender.

I think this'll work well as our approved minutes now are included with our newsletter to those who receive it online--about 75% of our owners.
JebbyJ1 (California)
Posts: 26
Posted:
Was she overly loud? Did she continue talking beyond a reasonable amount of time? You haven't given us much to go on here.
KerryL1 (California)
Posts: 14,550
Posted:
Oh, and I get your "troll" remark, too, Geno, but when these women buzz 10-15ft. away from us, we can hear them and they're distracting so, unlike on this thread, for instance, they're impossible to ignore. Other members of the audience have complained to me or 2-3 other directors and the PM between meetings.

I like your quote, Geno: "Constructive input is always welcome but what you are doing is disruptive."

I give up, PitA, what is HOPA?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kerry

The BOD needs to take charge of the meetings. Be sure they speak only at the proper times. If they are noisy gavel for quiet. Get in their face.

KerryL1 (California)
Posts: 14,550
Posted:
Got that part JohnC, but our prez is sort of meek; she does use her gavel and does know how to preside. Imo, our VP, a younger male, former career marine and former police officer would only need to say a very few words and all would be well.

We're making progress on our list for the backs of agendas. Our new PM has fine background with a different MC and we're waiting for her input too.
JonD1
Posts: 2,350
Posted:
Quote:
Posted By KerryL1 on 05/05/2015 8:07 AM
Apparently, Jon, you weren't able to read the part of my post that says we've had occasional outbursts by Owners in the 8+ years I've been on the Board. And by occasional, I mean rare.

I'm sorry, JohnC that you feel you should not answer my sincere request for advice, but, instead, feel compelled to jump on Jon's petty bandwagon.

These nasty woman at present, are an anomaly. Their temporary misconduct would never justify our Board hiding behind closed doors in my HOA unless we directors cannot conduct business with them present. But even then then we'd simply kick 'em out.

Now I was actually hoping for some positive useful advice for wording on our agenda's flip side. That's what this forum is for.

If we banned those of a certain age, we'd have to ban 3 of our 7 directors!

I'll look at your sites later, Tim; think I checked those in Feb., but will review again. Thanks.

Kerry

It appears these 3-4 elderly desperadoes have you all wound up!

My comments were pulling your leg. Seems you got far to defensive over nothing. And then you went after John too.

Shocking a situation so trivial causes the wheels to fall off your wagon.

You have remained a big proponent of open meeting as the ONLY real option for true HOA operation. And you questioned why closed meeting might
be beneficial. Well here you go.

We have no need to draft, implement a Conduct Policy. And we don't need to find a way to reel in 3-4 out of control
older women.

My serious advice lighten up. You are taking your situation far to seriously.

KerryL1 (California)
Posts: 14,550
Posted:
Thanks, Jon, you may be right. I do think this issue, that, as I wrote, other owners complained about is easily solved. Just seeing if there were any additional actual ideas out there.

It is surprising given the generally courteous conduct of the Owners in attendance. Guess we were spoiled.
AnnH5 (Florida)
Posts: 304
Posted:
You are on the right track. It is perfectly acceptable to have a Code of Conduct, distribute the Code of Contact to all owners, and fairly apply the rules to all owners.

I think your mistake has been allowing these women to carry on like this. It sounds like your Board President is in an awkward position with the "Mabels" and perhaps might need to switch positions with another Board member if they are unable to carry out their duties as President.

In our association, the owners are allowed to speak at the beginning of the meeting as to any of the agenda items or whatever their concern is. After that, it should not be an "open discussion" with the audience. It is a Board meeting and it's purpose is to conduct the business of the Association.

If it were me having to deal with the issue, at the first instance of disruption (whether it is loud whispering, heckling the Board member), I would ask those ladies to exit the meeting so that they can conduct their private conversation for as long as they would like to.

I have met a few "Mabels" over the years. In the business world, "Mabels" are termed "actively disengaged". An "actively disengaged" person seeks to sabotage and derail the hard work of others and is toxic to a group. Their actions go beyond dissention and are downright disruptive to productivity and goal achievement.
PitA
Posts: 311
Posted:
2012

Printer-Friendly Format

There's a fine line between owners' voicing their opinions and disrupting an HOA meeting or offending other owners so much that those owners see no point in attending future meetings. Here we discuss how you can determine when it's time to eject an owner from a meeting at your condominium or homeowners association.

Booting: It's a Last Resort

There's no question that evicting owners from an association meeting is a tough call. "I don't know there's any hard–and–fast rule," says Samuel "Sandy" Moskowitz, a partner at Davis, Malm & D'Agostine PC in Boston who represents 30–40 community associations at any given time.

It's also something you should consider a last resort. "It's an extreme remedy," says Raymond Daniel Burke, a principal at Ober Kaler, a law firm in Baltimore, who represents an average of 20 community associations. "There probably isn't any clear answer because the grounds for ejection are whether owners are being disruptive of the meeting process or abusive of the audience—and those are judgment calls. That's usually a matter left to the discretion to those in charge of the meeting."

What are your options for handling out–of–control owners? Here are a few suggestions:

•Use the rules of order to your advantage. "I've seen situations where there was a very contentious meeting, and the board called for a vote not to eject anyone but to close discussion," says Burke. "That's one means of ending a discussion without ejecting someone. You're not required to sit there interminably to listen to someone. Try to use the rules of order to handle the problem."

•Create a visible security presence. "For years, I attended an annual meeting of a 400–unit condo association where there was always a very vocal minority," says Moskowitz. "Usually, it was two or three unit owners who'd come and make outlandish allegations and be very disruptive to the point where the association began to bring in off–duty police officers. If a person got out of control by screaming and being disruptive, the president would say, 'We don't want to ask you to leave, but we want to continue the meeting. If your behavior continues, we're going to ask the police officer to remove you.'
"If that didn't work, usually if the police officer would go over and ask someone to leave, that person would leave, and he'd leave loudly," adds Moskowitz. "But nobody went to court to challenge the ejection. If owners were to challenge that and you were able to establish that they were so disruptive that you couldn't accomplish the business of the meeting, I think the court would ultimately support your having the owners removed."

•Take a good look in the mirror. "I've been to meetings that are total, total chaos," says Matthew Zifrony, who advises homeowners and condo associations at Tripp Scott, a Ft. Lauderdale law firm, and who's also served as the president of a 3,000–home association. "One association I've represented for over a year has me come to the meetings because there have been instances where the police have been called, and otherwise nothing gets done.
"I'm not saying I have a magical way to run meetings, so hire me," Zifrony adds. "But often I find that those running meetings don't know how to do it. I maintain that in 99 percent of these instances, the reason for the disruption is the poor way the meeting is run, and the board needs to fix that."

Zifrony recently ran a meeting at which an owner stood and screamed at the board. Board members whispered that Zifrony needed to shut the guy up, but he whispered back that it wasn't necessary—other owners were about to take care of the problem. "More and more people in the audience started telling him to sit down and even said, 'If you don't sit down, we're going to make you sit down,'" he recalls. "Once that person saw he was completely outnumbered, he sat down. You have to watch what's going on with everybody at the meeting, and I saw how people were reacting."

Ultimately, you may have to adjourn. "You may have to stop the meeting, take a good look in the mirror as to how the meeting was conducted, and take steps to make sure it's not run that way again," says Zifrony. "I'm not condoning a person's screaming. But what told that person he could act that way was how the meeting was run. Take a course in running a meeting and then if you still have to hire security for the next meeting, you'll know it's not how the meeting is run, but this one person."
KerryL1 (California)
Posts: 14,550
Posted:

Thanks, JohnB. I'm pretty confident that we won't have such serious problems with our meetings. And I've read other pieces along those lines. The issue we now have doesn't rise to the level of yelling, screaming, etc. If we thought that anything like that might occur, we'd call our own security officer and have one stationed outside the meeting room. some of the ar tickle seems to refer to annual meetings of the members an those are very routine here.

One attendee who was sitting behind Mabel a couple of months ago, a retired school principal, used a loud stage whisper on Mabel and hissed "Husshhh, I can't hear!" Helped for the rest of that meeting. Unfortunately, the one who scolded hasn't been back.

Appreciate your useful reply, Ann. I'm not a member of the business world so am not familiar with your phrase, "actively disengaged."

You go on to say an, "'actively disengaged' person seeks to sabotage and derail the hard work of others and is toxic to a group. Their actions go beyond dissention and are downright disruptive to productivity and goal achievement." I'd say you nailed it and that helps me "get" Mabel & the other few. Sabotage does seem to be the goal

CA requires an Open Forum at each open board meeting, but we've found that two are good--one at the beginning and one at the end. Owners may not speak during the business portion of the meeting.

Here's what we've put together, which'll probably be further tweaked. Suggestions welcome!

xxxx xxxx Owners Association

BOARD MEETING CONDUCT

We welcome homeowners as observers of the Board of Directors meetings. During the discussion and votes about agenda items, only those at the conference table may speak. Please remain silent so that we may hear one another and conduct our community’s business.

We sincerely invite your views of the board’s agenda items or other related topics at the beginning of every board meeting during our Open Forum. We hold a second Open Forum at the end of the board meetings for your additional input.

During Open Forum:

Raise your hand to be recognized.

State your name and unit number/tower.

Express your topic in concise and clear terms.

Only one topic each time you’re recognized to speak.

Limit your remarks to two minutes.

Never interrupt others while they speak.

Ideas for improving Horizons or concerns about board policy are acceptable.

Berating any individual director, homeowner or manager will not be tolerated.

Please report maintenance items to management outside of board meetings.

It is important to realize that the board may not be able to respond to your remarks without research. If your topic needs board action, it, per California statute, will not be deliberated by the board tonight unless the board defines it as an emergency. Instead, it will be considered for a future agenda.

Thank you for your interest in our shared community!

JerryD5 (Colorado)
Posts: 218
Posted:
Kerry, I think that should work (hopefully). I like all your points. You will have to keep us all posted if, once you send this notice out, works at your next scheduled meetings. And if Mabel shows up again to disrupt your meetings.
KerryL1 (California)
Posts: 14,550
Posted:
Thanks for your encouragement, Jerry. A version of the above will be on the back of the agenda that each owner picks up at our late May meeting.aAnd unless she's traveling, mabel will attend.
AnnH5 (Florida)
Posts: 304
Posted:
Hi Kerry,
I am wondering if you should add a statement along the lines of "If an audience member needs to have a private conversation with another party during a meeting then they will excuse themselves and exit the meeting so as to not cause distraction/disruption to the other attendees".

KerryL1 (California)
Posts: 14,550
Posted:
Thanks, Ann; we're going to try the above, but the prez (or VP if I can get it to happen) will draw attention to these new guidelines late this month, and will add that those who wish to converse with one another should leave the room, or will be asked to leave the room.
PitA
Posts: 311
Posted:
I give up, PitA, what is HOPA?


Housing for Older Persons Act (of 1995 ?)

Said act 'gutted' the Fair Housing Act of 1968 by permitting age discrimination in housing providing certain HUD guidelines were followed !

HOPA is what permits 55+ communities.

Yep, fact is stranger than fiction.
NpS (Pennsylvania)
Posts: 4,216
Posted:
We don't need a code of conduct Kerry. We use this guy as our role model:

https://www.youtube.com/watch?v=m8yrKA-7mBI

Sikubali jukumu. Read all posts at your own risk.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By JohnC46 on 05/05/2015 5:32 AM
.....I am surprised Davis-Stirling doesn't offer guidelines on how to handle this.......

Seems they do on everything else so why not this........LOL

John they actually do: http://www.davis-stirling.com/MainIndex/OpenForums/tabid/1295/Default.aspx#axzz3ZZfjp0dx

Studies show that 5 out of 4 people have problems with fractions
KerryL1 (California)
Posts: 14,550
Posted:
Say, Glen, I think that JohnC was referring to the Davis-Stirling Act, i.e, the CA Common Interest Development (CID) legislation itself.

Your citation is from the attorneys at the davis-stirling.com web site and their discussion of Open Forums, that HOA Boards in CA must hold open forums, etc. Others of their suggestions are in a couple of Tim's above citations to . But the actual legislation itself does not instruct us directors how to deal with snarky, discourteous Owners at board meetings.

Unfortunately, "Mabel" often cited the web site as if IT was "the law" even in instances when it simply was the site's suggestions. And she was on our CA board for more than six years! But it's easy to see how those new to the site or from other states could mix up the two.

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