Public Privilege at Board Meetings

Started by MarkB28 • 11 replies • 338 views

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MarkB28 (New York)
Posts: 40

Posted:

Is it appropriate to offer a Public Privilege for Owners during a HOA Board Meeting?

Much like Municipalities usually offer a Public Privilege portion during their Town/City Board meetings, typically requiring residents to keep to a maximum of 4-5 minutes.

Thanks,

-Mark

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It depends on how the board conducts their meetings. The Articles of Incorporation I believe may contain what is to be covered in a meeting. Some HOA's allow for an open forum at the end others do not. Some do not have open meetings at all in some states.

Having recently been suckered into a situation where a 2 minute speech was required, that is a lot more time than you think it is. Try timing yourself reading a section of the Bible or other book for 2 and then 4 minutes. See how long you can stand hearing yourself speak or having someone speak that long to you...

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mark

Depending on ones docs, owners may or may not speak at a BOD Meeting. If allowed, the BOD should set aside a time and limit how long one can speak other wise it can become a cluster kiss.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By MarkB28 on 11/11/2022 9:22 AM
Is it appropriate to offer a Public Privilege for Owners during a HOA Board Meeting?

Even if the HOA/COA/Co-op governing documents do not require board meetings to be open; even if the governing documents do not require offering an open comment segment at some point; then the conventional wisdom still holds: Owners are more trusting when they have a chance to express their concerns, even if all the board does is thank the owner and acknowledge the board heard their statement.

I note that New York is one of those states with complicated (or just very different in organization) HOA/COA/Co-op laws vis-a-vis states where housing development is much newer and legislatures had the benefit of looking at much history and anecdote.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AugustinD on 11/11/2022 9:39 AM

Posted By MarkB28 on 11/11/2022 9:22 AM
Is it appropriate to offer a Public Privilege for Owners during a HOA Board Meeting?

I agree. Be open and allow fellow owners time to talk.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

absolutely and if the meeting is on zoom you can mute them if they go over their time.

vis ta vie

MichaelT21 (Arkansas)
Posts: 462

Posted:

I can't speak for New York.

We offer one in our HOA (not Rhode Island, btw). I'm the association president, and I hate it. Officially, we don't answer questions during open forum. Unofficially, I do every time because it's just easier and its what homeowners want. Sometimes I have been yelled at and my position threatened by irate homeowners. Othertimes folks have asked good questions. Most often they don't wish to speak.

I'd like to get rid of homeowner forum altogether, but homeowners want to participate in the meeting so it's easier to have them participate at the end rather than blurt in the middle and interrupt the meeting.

Our by-laws and CC&Rs do not require that we have a homeowner forum.

KerryL1 (California)
Posts: 14,550

Posted:

With Augustin & others, allow open forum, which I think it's called in many states, for owners. It's required in Ca, but so are open meetings and I don't think NY requires open meetings that owners can attend. I doubt any Bylaws forbid the board from permitting such a time.

For open forum, write a set of guidelines and limit any owner to two minutes AND one topic at a time. They can have a 2nd and even more "turns" after other have a chance. Do not permit owners to speak during the Board's business portion of the meeting, UNLESS there's a topic about which the Board seeks owners' input, o nly during open forum, which you may place at the beginning of the meeting or at the end.

It works best for our Board --about 30 owners attend each month and maybe 8 will have questions or comment-- to reserve all Board replies till open forum is finished. Directors and our PM take notes during open forum of owners' comments & questions, and each will receive a reply after open forum is closed. This keeps the back-&-forth arguments that can erupt between an owner & a director from occurring.

MichaelT is in WA and I believe he's told us that open form is required in that state. His board just needs better guidelines for open forum.

MichaelT21 (Arkansas)
Posts: 462

Posted:

Quote:

Posted By KerryL1 on 11/11/2022 10:50 AM
With Augustin & others, allow open forum, which I think it's called in many states, for owners. It's required in Ca, but so are open meetings and I don't think NY requires open meetings that owners can attend. I doubt any Bylaws forbid the board from permitting such a time.

For open forum, write a set of guidelines and limit any owner to two minutes AND one topic at a time. They can have a 2nd and even more "turns" after other have a chance. Do not permit owners to speak during the Board's business portion of the meeting, UNLESS there's a topic about which the Board seeks owners' input, o nly during open forum, which you may place at the beginning of the meeting or at the end.

It works best for our Board --about 30 owners attend each month and maybe 8 will have questions or comment-- to reserve all Board replies till open forum is finished. Directors and our PM take notes during open forum of owners' comments & questions, and each will receive a reply after open forum is closed. This keeps the back-&-forth arguments that can erupt between an owner & a director from occurring.

MichaelT is in WA and I believe he's told us that open form is required in that state. His board just needs better guidelines for open forum.

No, open forum is NOT required by state law, our CC&Rs, or our by-laws.

MichaelT21 (Arkansas)
Posts: 462

Posted:

Also, our PM does not attend our meetings. It's an extra service that we would have to pay for but more importantly, our meetings are in the evening and our PM doesn't particularly enjoy evening meetings because she has family at home. So we have negotiated our contract to exclude her attendance in exchange for less cost on the contract.

Thus, I'm faced with two options during homeowner open forum:

1. Copiously take notes, look at notes the next day, generate response to homeowner inquiry, send to PM, ensure PM responds to homoewner. Process takes multiple steps and mulitple days.

2. Answer the question on the spot. Faster, more time efficient, and higher homeowner satisfaction.

The immediate answers are only for simple questions, like "when are the sprinklers going to be turned on this summer" or "are there any plans to replace the playground equipment at Beazer Park". More complex questions that require board discussion, such as, "can I get a copy of the powerpoint presentation that you used for today's meeting?" can't be answered on the spot, or "what are you going to install at Podunk Park now that you took out the kids big slide?".

But any way you slice it, homeowner forums are simply more work for the Board and especially the Board president. I hate them.

MarkB28 (New York)
Posts: 40

Posted:

Thank you for everyone's input. I appreciate it.

-Mark

BillD16 (Texas)
Posts: 971

Posted:

Quote:

Posted By MarkB28 on 11/11/2022 9:22 AM
Is it appropriate to offer a Public Privilege for Owners during a HOA Board Meeting?

Much like Municipalities usually offer a Public Privilege portion during their Town/City Board meetings, typically requiring residents to keep to a maximum of 4-5 minutes.

Thanks,

-Mark

We always do this, and really the only problem we have is that not many people show up to take advantage of it. Maybe we’re simply lucky: no-one that I can recall has ever abused the option. Me personally, I like being able to hear from my neighbors.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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