Reporting Open Forum topics

Started by JackE4 • 15 replies • 265 views

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JackE4 (California)
Posts: 4

Posted:

I am an owner (not a Board Member) and attend most of our HOA meetings. The Open Forum items are not included in our Minutes. Can I share the topics brought up by Owners to the neighbors in my HOA?? I think it is important for all of us to know what's on each other's minds. I do not include any opinions of my own...just a brief list of the topics of concern.

TerriS6 (California)
Posts: 3,284

Posted:

See CA Civil Code section 4930. Owners can speak on any topic whether or not it's on the agenda but board members are limited in what they can say during open forum.

MarkM19 (Texas)
Posts: 1,459

Posted:

Jack,
While on my Ca. boards for 8 years over 8 years ago our board secretary would reference that owner #1 or #2 raised a question regarding (The topic) nothing more and nothing less.

Not sure if you have a reasonable relationship with your board but it could be worth a question to the board as to why this is not being done. I would go this route first and maybe let the board know that if your request is not granted you will go with Plan B. It would be much better and hold more weight if it is in the minutes.

JackE4 (California)
Posts: 4

Posted:

The HOA is not required to include Open Forum topics brought up by owners in the published Minutes. So our Board chooses not to. I want to share this input with other owners who did not or could not attend the meeting. Is this allowed??

TerriS6 (California)
Posts: 3,284

Posted:

Yes. You have no restriction in communicating with other members.

JackE4 (California)
Posts: 4

Posted:

Thanks, but I'm asking if the topics brought up at the meeting can be provided to other owners who did not or could not attend the meeting.

MarkM19 (Texas)
Posts: 1,459

Posted:

Jack,
This is assuming Ca. has not taken Free Speech rights away yet.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By JackE4 on 03/26/2024 9:36 AM
Thanks, but I'm asking if the topics brought up at the meeting can be provided to other owners who did not or could not attend the meeting.

Yes they can.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By MarkM19 on 03/26/2024 9:37 AM
Jack,
This is assuming Ca. has not taken Free Speech rights away yet.

It's in the CA constitution.

MarkM19 (Texas)
Posts: 1,459

Posted:

Jack,
I would start any communications with the disclaimer. I am not on the HOA board but while attending the last meeting this topic was brought up during the Open Forum.

TerriS6 (California)
Posts: 3,284

Posted:

https://findhoalaw.com/civil-code-section-4515-rights-of-assembly-non-commercial-speech/

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Can you imagine how long the minutes would be if they quoted issues raised in open forum? If one wants to know and is capable of doing so, tell them to go to the meetings.

Technically all the minutes need to have in them are who on the BOD was in attendance, Motions Made and the result of votes on the motion.

SheliaH (Indiana)
Posts: 6,964

Posted:

What Mark said. It may be your board doesn't want to say something like "Mrs. Smith is complaining (again) about the geese who hang out by the swimming pool and sometimes attack people," less Mrs. Smith get mad because she thinks the board implied that she's a chronic complainer. However, it's a good idea to acknowledge ideas and criticisms - some owners might present an amazing idea, and another point out an unintended consequence no one thought of.

You don't have to state who said what in the owner's forum - you could simply list the topics and concerns bought to the board. The board isn't obligated to make a decision on the spot - for some issues, you can note if the question/concern was related to something that was already on the agenda and added to that discussion or if it will be referred to an advisory committee for further review. Other issues can be referred to the property manager for follow up.

It's also possible your board needs to tighten up its minute taking so it won't put in irrelevant information or something that can be misunderstood (especially since people will sue over a ham sandwich these days). There are dozens of old conversations on this website and elsewhere about taking effective minutes and what should and shouldn't be included. Do some searching on this website for older conversations on the topic and google the subject - you'll even find templates on what can be used. If you have questions, bring them to this conversation so you get updated information.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TerriS6 (California)
Posts: 3,284

Posted:

The board isn't allowed to make a decision during open forum in CA.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JackE4 on 03/26/2024 9:34 AM
The HOA is not required to include Open Forum topics brought up by owners in the published Minutes. So our Board chooses not to. I want to share this input with other owners who did not or could not attend the meeting. Is this allowed??

Absolutely.

Is someone hassling you about discussing, with fellow neighbors or anyone really, topics or issues brought up in the open forum segment of board meetings?

One caveat: If per chance during the open forum segment someone defamed another (stating hurtful falsehoods) or maybe used language that would be discriminatory under the Fair Housing Act, then I would not relay this to a neighbor. I think it's pretty easy to figure out what might be either defamatory or unlawfully discriminatory.

KerryL1 (California)
Posts: 14,550

Posted:

You may, of course, summarize what occurred at a board meeting if you wish, Jack.

At one time, our Board included a list of the owner name & comment in both our Open Forums. The, our truly wise CEO or our MC advised against it saying we might misquote an owner, who'd get really angry with the board, etc. So then, just a list of remarks was in the minutes:

When will the stains in the Jacuzzi be removed?*
I used the new Service Request format on the Owner Portal, was acknowledged right away, and the common area maintenance handled and confirmed to me within a couple of days.
I just heard the Board vote on tree trim proposals, but missed how much it will cost. Please repeat.*

* The Board waits until all owners are finished and the answers questions, etc. as in the * above.

But, a few years ago, a particular Board was so abusive and secretive that the Owners' remarks became more critical and hostile. The majority of the Board voted to stop writing owners open forum remarks in the minutes.

So...my advice to Jack is sure, list the owners' remarks. To protect yourself & others, don't use names-- owners or directors. I notice you use the word "concerns," Jack. Does the mean your HOA's open forums are mainly complaints??? That's different than ours. I'd also urge owners read the minutes when savable to learn the actual business that the Board conducted.

In CA, at open board meetings, boards may only discuss & vote on agenda items of business. Occasionally, during the 2nd open forum, an owner in my HOA will give a persuasive statement about why a board-approved motion was wrong. It's usually that the Board was missing a crucial piece of info before they voted. This owner supplies that info. The owner then asks if the Board would please "reconsider the motion previously approved about xxxx." It is then up to a board member who voted on the prevailing side to make a motion for the board to "reconsider..." If it passes, the Board may enter into discussion etc.

In this way, the Board clearly may make a decison so long as it is about an agenda item.

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