Disruption at General Meeting

I'm on the board of a California HOA.

Last week an owner's daughter, who stated she was an attorney, disrupted our general meeting to protest her mother receiving a fine notice. We informed the lady that we would discuss it after the general meeting but not at that time. She refused to be let the meeting continue. Another owner also began protesting (loudly). The president tried to continue the meeting but was unable to do so.

The meeting was then adjourned and the counting of the election ballots could not go on.

The representative took the ballots and counted them the next day in her office. No member of the association was present.

Two questions:

1) How do you handle disruptions at a general meeting?

2) Is the new board entitled to be seated Nov. 1 (the start of our fiscal year) because the ballots were not counted at a board or general meeting as stated in the Civil Code?

Jean:

If she was an attorney then she should have realized that the annual election meeting is not the forum in which to bring up your personal (in this case her Mother's) letter.

It is most important that the President begin any membership meeting following Robert's Rule of Order following an Agenda for the evening. As the chairman of the meeting it is his/her duty to keep order. The meeting should not have been adjourned due to her nonsense, she should have been escorted out or just asked to sit down that she could speak to the board or MC after the meeting. What a shame to have wasted everyone's time.

I would say no, that is not a valid election since no members observed or even had the opportunity to observe the ballot counting. Another issue is the representative. (I’m assuming this is the management company rep)

Per section 1363.03 of the CA civil code, you should have ‘election rules’ Do they specify the representative as sole inspector?

1363.03.(a) An association shall adopt rules, in accordance with
the procedures prescribed by Article 4 (commencing with Section
1357.100) …..

Did the members have the 30 days to comment on your rules per 1357.100?

1363.03(a)
(5) Specify a method of selecting one or three independent third parties as inspector, or inspectors, of election utilizing one of the following methods:
(A) Appointment of the inspector or inspectors by the board.
(B) Election of the inspector or inspectors by the members of the association.
(C) Any other method for selecting the inspector or inspectors

1363.03(c)
(1) The association shall select an independent third party or
parties as an inspector of election. The number of inspectors of election shall be one or three.
(2) For the purposes of this section, an independent third party
includes, but is not limited to, a volunteer poll worker with the
county registrar of voters, a licensee of the California Board of
Accountancy, or a notary public. An independent third party may be a
member of the association, but may not be a member of the board of
directors or a candidate for the board of directors or related to a
member of the board of directors or a candidate for the board of
directors. An independent third party may not be a person, business
entity, or subdivision of a business entity who is currently employed
or under contract to the association for any compensable services
unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a).

1363.03 (f) All votes shall be counted and tabulated by the inspector or inspectors of election or his or her designee in public at a properly noticed open meeting of the board of directors or members. Any candidate or other member of the association may witness the counting and tabulation of the votes. No person, including a member of the association or an employee of the management company, shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated. The inspector of election, or his or her designee, may verify the member’s information and signature on the outer envelope prior to the meeting at which ballots are tabulated. Once a secret ballot is received by the inspector of elections, it shall be irrevocable.

Do your rules name the management rep as sole inspector? (Most do, but don’t comply with the law.) You should read CA Civil Code 1363.03 thru 1363.09 carefully. I have only posted parts of the Code.
Unless your rules and the election comply with the code I think there may be bigger issues than a disrupted meeting, including a totally inept management rep.
Jane