💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DavidW5 (North Carolina)
Posts: 565
Posted:
Our board, still controlled by the developer, recently passed a resolution that requires members who wish to speak at a quarterly board meeting to request permission in writing at least two days before the meeting. Do other associations have such a rule? How can one be expected to request to speak on a topic BEFORE the agenda for the meeting is made available? I have already written to the board protesting this resolution. Any other suggestions as to how to get this rescinded?

Dave
DanaA (Florida)
Posts: 117
Posted:
What state do you reside in?
BradD2 (Florida)
Posts: 418
Posted:
I believe he lives in Virginia.

In Florida the board is required to allow someone to speak on a topic for at least three minutes if notice is given in advance. Our Association incourages owners to attend and so has an open time at the end of the meeting for anyone to say anything they want. I believe the developer is within his rights.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
David,
I understand your concern but I fail to see where this request to speack is out of line.
If the Board will only allow you to speak about agenda items and you don;t know the agenda, that is unreasonable. But, if the Board is saying we will have an "open" session in our meeting that anyone can speak on any topic, that is reasonable.

One reason the Board might like to know before the meeting what folks are going to speak about, they could do some reasearch into the subject and have ready answers. Another might be that they desire to set aside a time frame for "comments".

I have a feeling there is more to the story.
DonnaS (Tennessee)
Posts: 5,671
Posted:

David,
Board meetings should be posted for the residents to view 48 hours prior to the meetings. The agenda should be on that postings which would give residents ample time to view the topics and prepare a written request to address your Board. But residents must also follow procedure which is to speak only after the meeting opens it up to comments from the floor. Otherwise, a Board cannot get it's business finished with constant interuptions and dialog from the members attending those meetings.
DanaA (Florida)
Posts: 117
Posted:
Donna, when your BOD is discussing an agenda item, after BOD has made all their comments to each other, is it then that you ask for comments from the members? After members speak, then what, do you make a motion on the item and move on? Can members sign in at the door with a request to speak (one of our ideas)? Our BOD meetings are currently a free for all venting forum, the opposite problem of David's! We, BOD, sit at a long table at the front of the room facing the membership, and members speak out throughout the entire meeting. Our BOD is discussing having our nine board members sit at a round table facing the other directors to help minimize this problem. I have been told that with 720 we don't even have to let members speak AT ALL unless it is an agenda item that is brought to the BOD by petition of 20% of the members. That seems extreme to me. We do not have Robert's Rules in docs, just trying to follow some sort of parlimentary procedure going forward.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Dana,
It sounds like a free for all to me. Your Board President or whoever heads the meeting should get a statement together and read it at your very next meeting and it should say--

"As of now,this and all future meetings of this association shall be conducted under Roberts Rules of Order. Residents wishing to make comments shall wait until the formal meeting is adjourned and the floor is opened up to the residents for comments. At that time, all questions and or comments will be limited to 3 minutes and shall be items addressed at this particular meeting. Other subjects will be required to be in writting and presented prior to the meeting."

You do not have to have Roberts Rules in the Docs. To face each other at a round table is not a good way to make the attending members feel. What you truely need is someone in charge of the meeting and it better not be the guys in the audience making the most noise. All residents are entitled to an orderly meeting otherwise the noise makers will scare the good intended residents from attending and that leads to appathy. That is not what any association needs or wants. TAKE CHARGE!!!

RogerB (Colorado)
Posts: 5,067
Posted:
Colorado statute provides for homeowner notification and attendence at every Board meeting. Also, homeowners must be allowed to speak at Board meetings. I think this will be picked up by most states legislators in the near future since once one state passes a reasonable HOA statute others tend to follow.
GloriaM (North Carolina)
Posts: 829
Posted:
If you just inform the board of the topic of what you would like to speak about, this could assist them in gathering any information they will need in which to discuss the topic with you.

If you wish to speak at the meeting about issues that are on the Agenda, then just place your name on the list of speakers.

Once upon a time I went to a meeting of the members, a homeowner spoke out and brought up "I got a letter", well there were 896 homes in this HOA, do you think I or the board could remember this one man's letter? Any how, the BOD allowed him to speak about the letter. When I got back into the office on Monday morning, I looked him up, his last letter that he received was back in 2005! If in this instance I was able to gather the information before, I could have let the BOD and the membership know he was speaking about something years ago.

HO should have an open forum in which they can discuss community issues with the board. If it is a personal issue, that should be discussed in a one on one with the BOD.
HaroldS (Arizona)
Posts: 906
Posted:
Arizona allows a member or representative to speak before a formal action is taken on any item, as well as at other designated times during the meeting.
"... 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 before the board takes formal action on an item under discussion in addition to any other opportunities to speak."
There is no mention requiring a member to sign up to do this. Our board has an open period early in the meeting for members to bring up any topic they wish to discuss, in addition allowing them to speak during the meeting on items being discussed by the board. That is state law.
I don't understand rules that allow members to speak only after the meeting is over. What is the point of that? Whatever was discussed during the meeting is already done and over. And everyone has probably gotten up and gone home or are standing around talking. The board was elected by the members. Why would they take the attitude - "don't bother us with your problems?" Harold
NancyD1 (Florida)
Posts: 447
Posted:
Quote:
Posted By DanaA on 10/19/2007 5:49 AM
Donna, when your BOD is discussing an agenda item, after BOD has made all their comments to each other, is it then that you ask for comments from the members? After members speak, then what, do you make a motion on the item and move on? Can members sign in at the door with a request to speak (one of our ideas)? Our BOD meetings are currently a free for all venting forum, the opposite problem of David's! We, BOD, sit at a long table at the front of the room facing the membership, and members speak out throughout the entire meeting. Our BOD is discussing having our nine board members sit at a round table facing the other directors to help minimize this problem. I have been told that with 720 we don't even have to let members speak AT ALL unless it is an agenda item that is brought to the BOD by petition of 20% of the members. That seems extreme to me. We do not have Robert's Rules in docs, just trying to follow some sort of parlimentary procedure going forward.

Dana,

Fl 720 says that all member can speak on any item on the agenda for a minimum of 3 minutes, or whatever lenght of time the board determines. Only if you want an item added to the agenda , do you need a petition by the membership. There again, every homeowner has 3 minutes to speak.

We conduct our agenda each item at a time. When the board finishes with talk about that item, but before any motions or votes are cast, we look to our sign up sheet for members who want to speak on that subject. They are allowed 3 minutes and then we go on with business. This way you can control the meeting and it does not get out of hand with time and subject constraints.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Harold,
I guess that I better clarify how our very well functioning Board works as you seem to think that we do not allow members to speak during a meeting.

The post I wrote was directed to Dana who states that their BOD meetings are a "free for all, a venting forum." I stated that they need to take control and the statement that I wrote is how to handle an unruely board meeting. It had legal backing so it is a proper method to control some of these members who come in, call names and wander from subject to subject.

Board meetings are not venting venues for disgrunteled people who cannot follow proper procedures on dealing with their problems living in a deed restricted community. Board meetings are just that. Meetings of the Board of Directors, to make decisions and to discuss items that they will need to vote or okay on. They were voted into office to make decisions for the community without having a all resident participation in some of their time consuming work. No community that I have ever been associated with has a BOD who take their seats, vote yes or no and then adjourn. NONE!

Ideally, members have had information from prior meetings, newsletters, and such as to what is going on with their Board. They know that a budget is coming up for approval, they know that large contracts are being considered, and they know about assessments and improvements are due. They have had opportunities to address these prior to the Board votes at earlier meetings so that is when they should have had their time to speak, not after the fact, at vote time. I hope this is clearly understandable that we do allow residents to have their "air time"

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here