Removing Members from Meetings

Our meeting agenda states that disruptive members can be removed or fine.

In my years involved on the Board of this Association, we have never had this issue to content with until recently.

At a recent meeting, we had a VERY disruptive and volatile homeowner (this has to do with a recent Declaration violation wherein they were fined). At this particular meeting, this homeowner walked into the meeting as it started .... everyone else was sitting down, walked in front of the Board and said "thanks for the fine". t that point, I knew it was going to go downhill and it did. Homeowner was very verbal during the meeting and talking when Board members were speaking. Other homeowners appeared bothered by it as well. It was fairly mild until the homeowner started raising their voice and talking over people and being quite sarcastic when I asked for silence and read the portion of the agenda that talks about removing members/fining members for being disruptive and this homeowner looked at me and asked "who wants to try and remove me?". The meeting became quite rowdy with another homeowner with memory issues and discussing items that were not to be discussed at a Board meeting (repair issue). It was quite the fiasco, but we managed to get through it peacefully.

Has anyone dealt with this? How can you actually remove someone from a meeting? I don't see anyone physically getting up and taking their arm and walking them out the door, but has anyone dealt with this? I'm thinking fining might be easier. There was even some mention of hiring a security guard and if this homeowner needed to be escorted out of a meeting, so be it and they would get the bill. Unfortunately, the last meeting this homeowner attended was the last election a year ago. We can't hire a security guard thinking this person might show up. What to do?

Thanks in advance.

I would take the above advice. Give a specific 2 minute time limit to address the board and in front of everyone in the room. If they have a valid point, acknowledge it, note it, and state a decision will be made at a different time/meeting. Otherwise, let them speak and then end it at the appropriate end of time.

Now there is a line that is crossed. One that you may need to call the police. Being in a HOA does not protect one from being above the law. Threats or violence is one of those areas. It is not considered "harassment" if the board is following up on violations and sending out timed notices. It is considered harassment if someone is non-stop calling, making threats, or breaking the law. Let them know that you feel threatened as an INDIVIDUAL and please stop and desist anymore. Call the police if it does cross that line.

KerryL1 - yes, we have an open forum. Homeowners are allowed 3 minutes and it is timed. They can also ask prior to the meeting to be placed on the Agenda if it is Board specific. Personal matters of landscape or maintenance issues are not discussed at board meetings.

Here is what is on our Agenda ......

(Top of Agenda) Open Forum (Each attendee may address the board for up to 3 minutes. A Board member may briefly respond to statements made or questions posed. Speakers must observe rules of decorum and not engage in other disruptive behavior. If a speaker is in the middle of a sentence when time is called, he/she may finish their thought before sitting down. The time guidelines ensure that others will have an opportunity to speak. Speakers may not allot their time to others. If you have a concern regarding Common Area Landscape or Building Maintenance, please complete a work request form so that it can be appropriately addressed. All persons must follow the Meeting Rules listed at the bottom of this agenda).

(Bottom of Agenda) Meeting Rules: No audio or video recording allowed by attendees. However, secretary may record the meeting to aid in the preparation of minutes. Recording is deleted once minutes have been prepared. As provided in the “Open Meeting Act,” members (homeowners) may observe the meeting but do not have the right to participate in the Board’s deliberations or votes. Members (homeowners) may address issues during the Open Forum portion of the meeting. The legal right to attend meetings as provided for in the Open Meeting Act is reserved for members (homeowners). If attendees become disruptive, they may be expelled from the meeting and/or fined.

Does the president have a gavel? Yes, but I think it needs to be bigger!
Did the prez ask the person to leave the meeting? President asked the person to stop being disruptive.
How many owners were in attendance? 20+-

I like your suggest of reconvening at a director's home. Good idea.

I just can't see security being an option for this one year that MAY attend a meeting in another year ...... Board just needs to be more assertive with this homeowner.

MelissaP1 - thanks, Melissa. We have a 3 minutes time limit (and a timer). See the rules above on topic, etc. Definitely will be contacting police if this occurs again and homeowner exhibits violence or unruly behavior to the point where people feel threatened.

TimB4 - this was a meeting of the membership. It was a general/election meeting. There were in excess of 20 homeowners present, not including the Board. We have a clubhouse, so meetings are held there, but perhaps having meetings at homes might work, too. Hey, we could save on the heating bill anyway. :-)

I like your process. Question though - because the community (Association) is considered private, would a police officer be able to remove someone for just being disruptive at a meeting? I'm talking disruptive - not actually putting someone in danger.

Our meeting conduct rules are on the flip side of our agenda. Like yours, Linda, ours include that maintenance questions or concerns should be directed to the manager during her officer hours, by work order or emailed to her. We also have a 3 minutes time limit but never have had a problem with that. Yes, gavel louder and even belt the meeting until order is restored.

Annual meetings of the members, I did wonder if that's what the meeting was. I don't think meetings of the members, either special or annual, require an open forum in CA. Our HOA attorney attends every year, so I feel certain we conduct them properly. AS a members meeting, members (h'owners) do have the right to vote and to make motions. For the 10 years I've been on our board, our annual meetings have only consisted of the election of directors.

Very curious about what else you have on your annual meeting of the members' agenda? I know you referred to such meetings as a "general" meeting, but what is that?

Linda wrote, Owners "can also ask prior to the meeting to be placed on the Agenda if it is Board specific." I believe that only the item(s) listed on the agenda that's posted well in advance of any meeting may be discussed in CA HOAs. I'm puzzled why your Board invites members to add agenda items AT the annual meeting, even if prior to it. Who would vote on such an item?

As you know, all agenda items for HOA board meetings in CA must be posted 4 days in advance, so at these, no agenda items can be added with very few exceptions, e.g., emergencies.

I don't know the laws, but while it's true the HOA is private, the disrupter is a member so is not trespassing in your clubhouse.

If your board or a previous one did not send the rule about disruptions out for Owners for the required 30-day review period, I don't think it's valid. Is it in your Rules & Regs?

Maybe fines should be levied against disruptive members.
Or call the police and have the unruly jerk removed.
There's always a few who think the rules don't apply to them.

An option to consider if this disruption continues: I have seen HOAs hire off-duty police officers and security guards to be a presence. At the start of the meeting, the Board announces that anyone disrupting will be asked to leave under escort. Where I live, the police explained to one member alarmed about all this that the police or security guard are not supposed to touch the disrupting member unless the disrupting member first physically attacks someone. If the member refuses to leave and insists on disrupting, the board suspends the meeting. Subsequently action often can be taken via the governing documents. E.g. some governing documents have clauses on Robert's Rules or causing discomfort being against the rules.

Just the presence of the officer or security guard can help. You will need a board majority of course to agree on hiring one and announcing the officer or security guard's presence.

During my 10 years on the board, no one was ever physically removed from a meeting, although there were a few moments:

A resident forum was taken over by a homeowner who cussed out a board member for his failure to address bad behavior by his tenant

Another homeowner walked in and interrupted a conversation on an agenda item, demanding to know what the board was going to do about replacing a tree the association had to cut down. I reminded him this was a business meeting and since he didn't bother to show up when the meeting started an hour earlier, he'd just have to sit and wait until we got finished with the rest of the agenda items and THEN we'd address his issue. He looked stunned at this, but did stand off to the side and waited quietly.

A board meeting had to be cancelled after a group of residents came in honked off about a new towing policy where several got their cars taken. I wasn't at that one because I was working but the issue did get settled. To be honest, the board had made several errors regarding that policy, so it was eventually rescinded. At least we made our point because we didn't have too many parking issues after that.

Part of the reason we haven't had a lot of drama is because our security officers usually stay during the resident forum (they're off duty cops and good at calming people down without tossing them out) and people usually leave after that. I don't think you need a security officer, but you need to nip this in the bud quickly.

First, if you haven't already done so, send this person a letter stating his behavior at the (date) meeting was unacceptable, listing specifics. Remind him that Board meetings are business meetings and while homeowners are encouraged to attend and perhaps participate during the resident forum, no comments or questions are allowed from the floor unless the president calls upon that homeowner. If he behaves like this again, the police will be called to escort him from the meeting, if necessary. Send a copy to the association attorney so it will be on file in case this person tries anything else.

Next, publish something in your newsletter and website, if you have one, reminding everyone of what type of behavior is and isn't acceptable during association meetings, be they board meeting, annual meeting or special homeowner meetings. You won't need to say "during X meeting, this happened" - those who witnessed this guy showing his ass will know what you're talking about.

Finally, your president needs to PRESIDE - after calling the meeting to order and welcoming everyone, he/she should remind everyone of proper meeting behavior. After the resident forum, remind everyone again the business portion of the meeting is beginning and therefore, no comments or questions will be taken from the floor so the board can address agenda items in a timely manner.

As Shelia said:

Finally, your president needs to PRESIDE - after calling the meeting to order and welcoming everyone, he/she should remind everyone of proper meeting behavior. After the resident forum, remind everyone again the business portion of the meeting is beginning and therefore, no comments or questions will be taken from the floor so the board can address agenda items in a timely manner.

I think Sheila's advice about sending a letter is very helpful. You, as secretary, might compose a draft for the rest of the board to review in exec. session, and then vote on sending it to her and cc'ing your attorney.

Most bylaws and maybe even CA corporations codes say officer only serve one year, so I'm s curious about why the president has yet another year to serve in that office. Did no one else want to be president, or?

If your want your HOA to be able to make a rule against disrupting meetings or verbally harassing directors or vendors, you need to do it per CA Civil Code on the topic of Rules at davis-stirling.com.

Members are encourages to email/mail the Board proposals, ideas, etc. in advance via our PM as possible agenda items that Members may present during the homeowner forum. This method is best as it may permit time to do any necessary research prior to the meeting, i.e. for a resolution, cost and feasibility. This info must be received 14 days in advance of meeting for consideration to be placed on the agenda.

Print on the back of the agendas that members pick up when they sign in.

GROUNDS RULES:
In accordance with the Condominium Act 55.79.75, D

As a Board, we may not make decisions about topics members bring up at meetings, but must postpone such decisions, if any, till the next meeting. If members have short simple questions that the Board or our PM can answer, it will be answered.

• Member name & unit number
• One question or topic at a time
• No more than 2 topics per meeting
• Second topic will not be permitted until all Owners have had a chance to present their initial topic.
• Limit of 3 minutes
• Request for a presentation on a specific item must be made at least 14 days in advance and approved in advance to be placed on the agenda. Comments will be limited to the specific agenda item. Presentation time may be limited to 5-7 minutes.

We moved the homeowner forum to the end of the board meeting.