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KarenS15 (Texas)
Posts: 2
Posted:
I was president for ten years not because I really wanted to but because It was very hard to get anyone to want to take over. Now that I am gone we Have A resident that is questioning everything anyone on the previous board ever did. She is demanding all this info which no one has problem giving we have always been had a open policy on the books. But I am staring to see the board we have waiver and the administrator is spending all of her time looking up all the stupid items and not been able to do the things she is paid to do. I just attended a meeting and set in the back and listened. This person keep interrupting and talking to individual board members while the other ones were talking. And this was not During open discussion As the meeting was dismissed and the board was going to go into executive session they would not even leave, the other people in the meeting left. How do they regain control ?
TimB4 (Tennessee)
Posts: 21,059
Posted:
The President needs to be the President and tell single the individual out.

Tell them that if there is a matter they need to discuss to take it out into the hall or wait until after the meeting. Assure them that they will have an opportunity to be heard during the open forum session of the meeting.

If it happens again, single them out again, explain that they are being rude and if it continues, they will be asked to leave.

If it happens a third time, ask them to leave. If they refuse, suspend the meeting and call the cops.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Make her the chair of the "Meeting Courtesy Committee"

Set aside time on the agenda for her to present what her committee has done to stop rude and disruptive behavior at meetings.

Sikubali jukumu. Read all posts at your own risk.
SusanH21 (Washington)
Posts: 5
Posted:
Our HOA is having a similar issue with a homeowner who was removed from the Board as President due to his incompetence and unresponsiveness in 2015. He has waged a vendetta against the Board ever since. He has set up a FB page to condemn and bully the Board. He today sent letters to homeowners in advance of our Annual Meeting tomorrow that was full of errors, false assumptions and accusations. The homeowners (40) that are residents regard him as a nut. Our property manager just terminated their contract siting a business decision. However, we suspect it is because of this man's threats and demands to view every invoice and check on a frequent basis and emails threatening to report them to the state if they do not respond within 48 hours. Is anyone aware of any precedent for expelling a homeowner from the Association for repeated disruptive and adversarial behavior?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SusanH21 on 05/04/2016 8:27 PM

Is anyone aware of any precedent for expelling a homeowner from the Association for repeated disruptive and adversarial behavior?

Nice try.

You would have to amend the CC&Rs as membership is based on ownership not personality.

One thing you may want to do is adopt a policy concerning access to documents.
What the Board considers reasonable (x times per month, specific hours, etc.).
Additionally, most States (not all, but most, so check to be sure) specify inspection, not copies of documents.
Most States, again not all, but most, specify that the Association may charge a fee for labor to pull the copies and to sit with the individual while they review. Therefore, specify and adopt a cost schedule.

This should minimize the requests.
MarkM31 (Washington)
Posts: 351
Posted:
Quote:
Posted By SusanH21 on 05/04/2016 8:27 PM
Is anyone aware of any precedent for expelling a homeowner from the Association for repeated disruptive and adversarial behavior?

First the bad news.

Your CC&Rs and the RCW are clear who is a member of the association. It is more than likely any owner, so sans you purchasing their property, you are helpless to "remove" them from the association.

But the good news.

It is also quite likely clear what the boards responsibility is to individual owners. This person does not control the MC or the board, you do not have to drop everything to answer their demands at once, you are allowed a reasonable time, and can recoup resonable costs.

It's time to institute this policy.

RCW 64.38.045
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SusanH21 on 05/04/2016 8:27 PM
However, we suspect it is because of this man's threats and demands to view every invoice and check on a frequent basis and emails threatening to report them to the state if they do not respond within 48 hours.

Quote:
Posted By TimB4 on 05/04/2016 8:39 PM

Most States, again not all, but most, specify that the Association may charge a fee for labor to pull the copies and to sit with the individual while they review. Therefore, specify and adopt a cost schedule.

This should minimize the requests.

See RCW 64.38.045 (2):

"The association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the association in providing access to records."

Say 25 cents per page and $25 to $50 per request for x number of documents or $xx per hour for more then x number of documents.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I just saw that Mark identified the statute before I posted the link.
MarkM31 (Washington)
Posts: 351
Posted:
Quote:
Posted By TimB4 on 05/04/2016 8:45 PM

Say 25 cents per page and $25 to $50 per request for x number of documents or $xx per hour for more then x number of documents.

I don't know if you could say $25 to 50, but you could certainly charge the actual cost. A $25/hr clerk plus benefits+overhead+profit could add up to about a dollar per minute. When the PITA wants an invoice, and it's going to take 20 minutes to hunt it down and copy the five pages, he may start to think otherwise when he is asked for a twenty before delivery.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Is it too late to suggest shooting them with a tranquilizer dart and lie to them they fell asleep?

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:

Note the below is an interpretation of the statutes in CA, and may not apply to Susan or Karen's states:

"Sometimes owners mix requests for information with requests for records. The Davis-Stirling Act [applies to CA] provides for an owner's limited right to review books and records but does not create an obligation that associations compile information.

Creating Documents. For example, if an owner were to request a list of all parking violations for the past three years, the association is not required to comb through its files and create a list. If a list already exists, the association should produce it, minus any personal information that might be in the document. If no such document exists, the association is not required to create one."

The above is from a CA HOA law firm, davis-stirling.com, but CA may be similar to TX & WA re: records inspection.

CA also has a time limit re: records: back two or three years plus the current year, except for a few, like meeting minutes which must be available forever.

Th president must take control of the meetings an tell the disrupter that s/he must stop interrupting the business of the board or s/he'll be asked to leave. Make sure the board records the requests for "respectful" or "civil" behavior in the minutes. If the Prez is too timid & ineffective (a different problem!), maybe a different director will be willing play the role of a cop. VP would be ideal, but not required.

Get the prez a gavel to gavel him/her down.

The board or Prez can vote to demand the person leave the meeting. If s/he won't, the president can adjourn the meeting to a director's home.

I'll send a copy of our Rules for Owners at Meetings later.

Maybe more later, but visit davis-stirling.com and scroll down their Main Index to meetings to see if unruly Owners at meeting is dealt with there.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Karen

It is quite easy to control a unruly member at a meeting but it seems your BOD does not have the cajones to do so.

FredS7 (Arizona)
Posts: 927
Posted:
> It is quite easy to control a unruly member at a meeting but it seems your BOD does not have the cajones to do so.

I don't know about EASY. But there are methods. You have to be willing to adjourn if the member is too disruptive. Maybe vote to hire an off-duty policemen for the next meeting before adjourning. (Or maybe this can be in executive session?).

LarryB13 (Arizona)
Posts: 4,099
Posted:
A member has a legal right to attend a meeting. He has no right to disrupt a meeting.

Check with your local municipal court or equivalent county court and see if they have a process in place for issuing injunctions to prevent disruptions.

In my state, a court may issue an Injunction to Prohibit Harassment, which would require the defendant to stay away from specific places or specific people and/or to decease his disruptive behavior. (The good news is that at least in AZ there is no charge for filing or issuing the injunction and a law enforcement officer will serve it at no charge.)

I would suggest that you video record all meetings to document repeated disruptions.
KerryL1 (California)
Posts: 14,550
Posted:
Some of these might be useful. We put this on the back of try agenda that Owners pick up when they sign in before the open meetings..

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 are able to hear one another and conduct our community’s business.

We invite your comments about 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# and tower.

Express your topic in concise, clear terms.

Convey only one topic each time you’re recognized to speak.

Limit your remarks to two minutes.

Never interrupt others while they speak.

As A Reminder:

Ideas for improving xxxxxx or concerns about Board policy are acceptable.

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

We ask that maintenance items be reported to management outside of meetings.

Please realize that the Board or Management may not be able to respond to your Open Forum remarks without research. Board deliberation or votes on non-agenda items, per Calif. Civil Code 4920, cannot occur on the spot. The Board will consider these for a future agenda.

Thank you for your interest in our shared community!
KarenS15 (Texas)
Posts: 2
Posted:
Thank you you have been very helpful and supportive Karen

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