Hostile Community Member

From experience --

-- The board members are quasi public figures. This means the bar for defamation is somewhat high.

-- The HOA attorney could write a C&D letter to stop any lies and defamation of the corporation. Whether I would advise this or not just depends.

-- There is a lot to be said for ignoring the person but addressing any glaring falsehood very briefly in the Minutes.

Short answer: As President, yes. You even have a duty to ask (order) someone to leave who is disrupting the business of the HOA. Long answer: Best practices is for the board to set reasonable rules for civility at board meetings; "notice" the rules to all owners consistent with statutes; enforce these rules; include as a penalty that anyone instructed to leave must leave; as needed hire a security guard to be a presence and walk the offender out of the meeting.

This question comes up here often.

What kind of things is she complaining about?

Every community has a few of these. What you have to understand is that they're looking for confrontation and drama. The board's job is not to provide these things.

What you can do is set rules of conduct for board meetings along with time limits for speaking. These are business meetings, everyone should behave professionally - and yes, there can be consequences for misbehavior such as being asked to leave. (Online meetings can be a godsend since the moderator can mute whoever is not speaking at the moment.) If she's spreading misinformation, the best way to counter that is to be transparent and communicate accurate information to the membership. Ignore her nonsense, don't respond to her attempts to start fights.

(And no, this won't affect her stock broker's license unless she's trying to sell you shady investments during one of her rants. There are strict rules for licensing in the financial services industry, but they apply to the person's conduct as a professional. The individual can be a total jerk otherwise, although they may lose clients over it.)

In California, it is illegal for an association to have a policy that inhibits member criticism of the board.

We are discussing online comments. $500. fine and injunctive relief.

CIVIL CODE SECTION 4515. RIGHTS OF ASSEMBLY AND NON-COMMERCIAL SPEECH.
(a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social, political, or educational purposes.

(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:

(1) Peacefully assembling or meeting with members, residents, and their invitees or guests during reasonable hours and in a reasonable manner for purposes relating to common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes.

(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members, residents, and their invitees or guests and speak on matters of public interest.

(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.

(4) Canvassing and petitioning the members, the association board, and residents for the activities described in paragraphs (1) and (2) at reasonable hours and in a reasonable manner.

(5) Distributing or circulating, without prior permission, information about common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.

(6)

(A) Using social media or other online resources to discuss any of the following, even if the content is critical of the association or its governance:

(i) Development living.

(ii) Association elections.

(iii) Legislation.

(iv) Election to public office.

(v) The initiative, referendum, or recall processes.

(vi) Any other issues of concern to members and residents.

(B) This paragraph does not require an association to provide social media or other online resources to members.

(C) This paragraph does not require an association to allow members to post content on the association’s internet website.

(c) A member or resident of a common interest development shall not be required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association’s insurance policy, in order to use a common area for the activities described in paragraphs (1), (2), and (3) of subdivision (b).

(d) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil or small claims court action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section. The court may assess a civil penalty of not more than five hundred dollars ($500) for each violation.

You are a liar and a fraud, making it look like I revised my comment. I meant what I said and I don't revise it.

TerriS6, I believe there is some disconnect in your brain, based in a learning disability. This is not the first time you have posted a flat-out lie and then ended up saying, in so many words, that you meant something else.

My main interest is getting the facts to readers. Your original, ridiculous statement has been corrected. End of discussion.

Thank you.

Board meetings are required to be open in CA, expect for a very few matters. Our HOA Board voted on and wrote this policy about 9 years ago. It's distributed to attendees on the back of the open meeting agenda at every monthly open board mtg. and is posted online for Zoom attendees. Our HOA has a F-T mgr. & mgr.asst who are at the directors table.

I seem to post this once or twice a year and hope it's helpful. To avoid back & forth arguments with Owners. All owners present their remarks, questions, concerns. The mtg. chair closes open forum and THEN directors and/or the PM address each question, remark, criticism. There is no further participation from Owners. Rarely, an owner will approach the table after the meeting is adjourned for more info or clarification.

BOARD MEETING CONDUCT

We welcome homeowners as observers of the Board of Directors meetings. During the discussion and votes about agenda items, only those at the conference table may speak. Please remain silent so that we are able to hear one another and conduct our community’s business. Our HOA has a F-T mgr. & mgr.asst who are at the directors table.

We invite your comments about the Board’s agenda items or other related topics at the beginning of every board meeting during our Open Forum. We hold a second Open Forum at the end of the board meetings for your additional info or clarification. Rarely, an owners will approach the table after the mtg. is adjourned for additional info. Usually the mgr. or president is able to clear things up on the spot. If not, the owner is invited to set up an appt. or is promised to have the relevant policy to whatever sent to them

During Open Forum:

Raise your hand to be recognized.

State your name, unit # and tower.

Express your topic in concise, clear terms.

Convey only one topic each time you’re recognized to speak.

Limit your remarks to two minutes.

Never interrupt others while they speak.

As a Reminder:

Ideas for improving [our HOA] or concerns about Board policy are acceptable.

Berating any individual director, homeowner, or manager will not be tolerated.

We ask that maintenance items be reported to management outside of meetings.

Please realize that the Board or Management may not be able to respond to your Open Forum remarks without research. Board deliberation or votes on non-agenda items, per Calif. Civil Code 4920, cannot occur on the spot. The Board will consider these for a future agenda.

Thank you for your interest in our shared community!

Mark

Some good advice here but be thankful you only have one hostile member. Other members will recognize this and, as you should, ignore him.

Terri wrote: the California Constitution "protects the offline criticism." What is "offline criticism" in the context of CA HOAs, Terri?

That would be any other speech or writing. For example, at open forum, in a letter, speaking to neighbors, etc.

I have seen it used at two different HOAs/COAs. It works perfectly. The police/security guard knows what they are doing and keeps it low key.

Nope. Certain speech is not protected by the California Constitution, regardless of how it is delivered. For example: Defame the HOA/COA, and the speaker or writer of the speech may be held liable, as the Calif constitution does not protect speakers/writers from liability for defamation.

Since the board can't discuss what members bring up at open forum, it shouldn't matter to the board how many topics are brought up.

Wrong. For example, the board not only can stop an owner defaming another owner, or creating a hostile environment based on membership in an FHA protected class; the board has a legal duty to do so.

You are repeating this falsehood an awful lot here.

Serious California-based HOA/COA members and board directors will review this:

https://www.davis-stirling.com/HOME/O/Open-Forums

As much as TerriS6 wishes owners could say whatever they want and not be lawfully ejected from a meeting, she is sorely mistaken.

And she attributes inflammatory remarks that others never posted simply to annoy others and try to start fights.
It’s probably rare that a member is so out of line they would be asked to leave.

Open forum, for example, if a member wanted to take their two minutes or whatever it is to comment on the annual meeting date, the new mailboxes, and a couple of potholes they noticed, I don’t see any statute that limits the topics discussed, only the time. D/S open meeting act is patterned after the Brown Act which allows open time discussion of any items not on the agenda.

Take a look at the Washington State law, Chapter 9a.46 RCW. This pertains to harassment and see if any of this would help.

Terri wrote: “Open forum, for example, if a member wanted to take their two minutes…to comment on the annual meeting date, the new mailboxes, and a couple of potholes they noticed….” Reread the above handout about meeting conduct, Terri. It complies completely with what Boards in CA may require during Open Forum. Review again, Terri. www.davis-stirling.com/HOME/O/Open-Forums.

In your HOA, Terri, I believe there are only two improved common areas, roads & mailboxes. So if you think your HOA needs new cluster mailboxes, you sure can ask the Board at a meeting, what if any plans there are for them. You could add that “I see in the Reserve Study that they’re due to be replaced.” You might add, “if there are no plans, will you place this on the next open meeting agenda for possible Board action?” It’s legal for them to reply.

This fits into my HOA’s “ Ideas for improving [our HOA] or concerns about Board policy are acceptable.”

Now if no other owner is waiting to speak, the chair, at least in my HOA, would say, go ahead if you have any further comments. Terri: “The potholes in front of xx address & in front of xxx address are getting worse. Are they scheduled for repair? If not, will you place them on the next Board meeting agenda to vote to seek bids?” It’s legal for them to reply.

What our Board would not tolerate is if the questions were asked in an insulting, trash-talk way that attacks the Board members, for, say, the date, of the annual meeting. Our guide: “Berating any individual director, homeowner, or manager will not be tolerated.”

I’ve noticed lately that Elle makes assertions that MIGHT be helpful to readers here, but doesn’t provide details. If she and Tim have brought up more than twice that “guards” or cops would be good to hire*, why not show readers how it’s done—the process.

Many years ago during my long years of service I was forced to be Board president b/c no other director would do it. At one meeting, an owner would not stop talking during his time to speak. I “thanked” him a couple of times and asked him to sum up. He refused. He just kept yakking and repeating his complaint. I finally stood up and directed him to "Stop, right now Mr. X!" I then took a few steps toward the audience section and repeated my demand. He left the room. My 5 Board colleagues all had glared at him once I first asked him to stop. They had my back.

* With respect to BillD, city councils, or similar, have cops nearby. I also can see calling the police if some wouldn't stop misbehaving at the pool. Inside a meeting room is entirely different and would require prior arrangements: board approval of an agreement to pay, hours, where stationed, attire, etc., for a scheduled board meeting where "trouble" might occur possibly from a pissed off owner.

I have doubts this approach would ever be used today.

Kerry, I was just referring to the number of subjects. Unfortunately, our chairman does nit know how to run a meeting. It's a free for all. I had to call the sheriff once because a member threatened to shoot my husband.

Was a member who always speaks out of turn but the chairman does nothing. He did not brandish; he got up and said he was going to get his gun. We left right away. Chairman did nothing. Sheriff went to the meeting and talked to the member. Nothing since.

The real problem was bullying via email.

I established a mass email list to help promote communication as the HOA President. One woman on it used the mass email audience to disparage various members of the community. Focusing mostly on me. I took her off the mass email list and postal mailed her all relevant information. I have been off the board since March. The new board placed this woman back on the list. She now disparages me every time a new notice comes out. I asked the board to take her off the email list, as I did. It is like she is obsessed with me on some level.

Opinions? Can I take, ultimately, legal action against the board to exclude this harassing woman off the email list? How far can she go, threaten me with violence?

Our Articles and Bylaws stipulate communication via postal mail.

I really regret ever devising the mass email for community communication purposes.

Do I understand correctly that you had previously mass emailed owners such that all owners could see everyone else's email address and also, any owner who wanted to respond to all people in the email list only had to hit "Reply All," type away, and hit "Send"?