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KM1 (FL)
Posts: 62
Posted:
Thank you in advance to HOATalk members for helping me out. Still consider myself a "new" president, although with almost three years accumulated in two states, there is plenty still to learn. I strive to improve!

As many assocations, finding volunteers to distribute the work is challenging. Recently, I have had a couple of residents voice complaints of our ACC chair. This year, the BOD has been taking a strong stance on enforcing ACC process and guidelines for approval, as it has been relaxed over the years. (Example, my research in official records from 10+ years do not show ACC requests/approvals for many existing things/structures that require approval per governing docs.) In our small community of longstanding residents, it is difficult to find "perfect" volunteers. I appreciate them all, and recognize the varying qualities they bring to the table. The ACC chair is most valuable in his knowledge of structures and grounds, he is proactive, and detail oriented. Upon receiving a couple of ACC requests for modifications (deck building, garage enclosure) that had only a couple of sentences in description, the residents were asked to provide more info as specified on the form. (Colors, drawings, pictures, copy of plat - you know the drill!) Now the two residents are stating the chair is rude, etc. and inferring he needs to be replaced. I have two other ACC members - but neither is as proactive or involved as the chair. I admit, the chair may appear intimidating and can sound gruff, but I have no firsthand knowledge of the incidents to react in removing the chair. I'm using my best judgement now and will continue to monitor, but when does "rude" warrant removal if someone is doing the job we need? I've got a couple of perceived "nice" volunteers, but they find it difficult to tell their neighbors "no."

Also, what is the best way to diffuse members at BOD meetings voicing personality conflicts and heresay that is non productive. We do not enforce Roberts Rules as usually not necessary, but sometime during Open Forum, the personal attacks and embellishments get out of hand. I need a canned statement to use, because honestly, I keep getting caught off guard and sitting there speechless. I'm not perfect either! Should I say "Please keep your comments under three minutes...?" Then when they go on, how do I cut them off? We need a point, not a venting session! How do I articulate that without further enflaming the situation? Or just ask at the beginning of open forum to limit to three minutes (per FL Statutes)? I dislike restrictions, as most folks are reasonable and fair, but there is always one member that gets stirred up at length.

Thanks again for your seasoned advice.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
KM,
Of course you realize by now, there is no method of running meetings that will fit all the eventualities, communities have personalities. In any event you can not lose control of the meeting and the best way to do that is to be serious about what you do, what rules you set. Three minutes mean 3 minutes, take a timer with you if necessary. Let the speaker use the three minutes, thank them for the input and inform them the board will consider their statement and communicate back to them. Do this, if appropriate, take the discussion points off line, so to speak. This would work for your ACC Chair. Let them complain for three minutes, later, talk in over with the ACC chair, form a consensus of the Board and have the ACC get back to the person with your conclusions. The one thing wrong with the time limit rule is you must be equal to all and some issues can't be handled in a three minute span. The idea is to get the subject addressed and you can do this out of meeting and report back the resolution at the next meeting. You have to allow the Board to conduct the associations business first and foremost. Owners input is also right to have but you don't have to solve all these issues at that board meeting. Do most of resolution between meetings and report results at meetings. Also, always publish an agenda for Board business, do not allow anyone to interrupt the flow.
If an issue is contentious between the Board members, don't air dirty water during meeting, table the issue for further discussion, and report back next meeting.
Nothing works 100% but you have already established your reputation and if things get out of hand, the chair must bring them back to center. Again, the association business must come first, get that done cleanly and your posture will carry over into the owners/board relationship. It takes practice and skill and a focused mind. You are lucky you have volunteers, give each a job to do and treat them well.
BarbaraD6 (Florida)
Posts: 347
Posted:
Our board became a social club, so we changed the format. Members can only comment on items on the agenda for no more than 3 minutes.

Barbara
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Barbara,
No wonder it is a social club. The agenda of the BOD is to do the association business. No comments on the agenda discussions should be recognized. The members should only be allow to speak at some given time during meetings. They should not be allowed to comment during meeting unless asked by board. I say again, the board does the Boards business, the owners should be allowed to speak on any subject they want but they can not enter in Board discussions. The time set aside for the owners to speak shows transparency by the board and concern for the owners. it does not mean the members are part of the board.

That is how most association meeting are run.
BarbaraD6 (Florida)
Posts: 347
Posted:
Robert,

The members had been allowed to speak on anything they wanted to in the "homeowner participation" part of the meeting. This is the way it has been for 6 years. Like I said this board has changed meeting format.

thanks
Barbara
SusanW1 (Michigan)
Posts: 5,202
Posted:
Barbara

The Chair is leading the meeting. Therefore, at the resident input time, you can say:
The Resident forum is open. Please state your name, address, and concern for the mintues. You have (whatever) minutes to state your issue and/or make a request.'

You can say, after the blah, blah, blah, "Mr. Smith, is there a request or motion that you'd like the board to consider? State it please."

You can also say, "Mr. Smith, your comments are out of order. The chair no longer recognizes you. Please be seated."

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Barbara, I took your statement to indicate the owners were allowed to participate in the agenda discussion, if not,..... good.

I am sure you are aware that Rome wasn't built in a day and neither will the complexion of boards be formed over night. That is why it is important to get off on the right foot and started down the road straight.

I think you are aware of all this and just need to remind yourself to be patient, consistent, and in charge. People normally respond better if they know the standing rules and it would not hurt to preface each meeting with thew restrictions
I think Susan would agree the job of conducting a association meeting amounts to leading an orchestra. You want to get the best of everyone at the meeting, and each owner deserves a shot. but as you know, some will be a pain....again patience and control is the way to go. Just went to our Board meeting last night. New board since April. President absolutely controls the meeting and sometimes he is dead wrong but he keeps the meeting moving and corrects any issues after meeting. Don't know if I am happy about all the stuff going on, but, he's driving the train and just his demeanor gives one confidence.
GlenL (Ohio)
Posts: 5,491
Posted:
720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.--

(2) BOARD MEETINGS.--

(b) Members have the right to attend all meetings of the board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the members is inapplicable to meetings between the board or a committee and the association's attorney, with respect to meetings of the board held for the purpose of discussing personnel matters.

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
KM, I would ignore the complaints against the ACC chair unless there are more than a couple. It more than likely means he is doing his job. As to your meeting problem, it’s your meeting and you need to control it. We developed a code of conduct for meetings and had a sign made ($50-60) for the meeting room.

Welcome to the Happy Daze Board Meeting

This meeting is for the Board to conduct the business of the Association; homeowners are welcome to observe as long as they follow the rules of conduct and may speak during the comments section of the meeting.

1. Participants will only speak at the invitation/recognition of the Chair.

2. Speaking time will be limited to three minutes; no one may speak a second time until everyone has had an opportunity to speak once.

3. Homeowners may only speak about items covered in the meeting. If a homeowner wishes to speak on a subject not covered in the agenda, they must contact the Management Company one week prior to the meeting and ask to be placed on the agenda.

4. There will be no tolerance for abuse, the use of derogatory remarks, foul language, personal insults, threats or any form of discrimination.

5. Participants will respect the views of others and allow others the opportunity to speak without interruption.

6. If the Meeting Chair believes that a participant is in breach of the Code of Conduct, he or she will request the individual to leave the meeting.

7. In the event of disruptive or disrespectful behavior, the Board of Directors may adjourn the meeting upon a majority vote, until such time as the members are again able to conduct themselves in a dignified, civil, and respectful manor.

Studies show that 5 out of 4 people have problems with fractions
BarbaraD6 (Florida)
Posts: 347
Posted:
Robert,

They were permitted to speak on agenda items and whatever else they wanted to speak about. Our board only allows them to speak on agenda items.

Barbara
RogerB (Colorado)
Posts: 5,067
Posted:
I would add a couple things to Glen's excellent list.
1. Sign up in advance to speak and limit total time for homeowners input to 30 minutes. Then the chair can determine how much time (up to a max of 3 minutes) for each speaker. Encourage expanded written input when the time is not sufficient for everything an owner wants to say.

2. Do not allow any discussion during the homeowners' input. The Board can determine what actions they want to take; can make motions; have discussion between Board members; and vote under new business when allowed and applicable.
KM1 (FL)
Posts: 62
Posted:
All,

Thank you so much for your valuable comments and insight! I will take your suggestions and have my boilerplate statements ready to go when I address Open Forum on the agenda. Most residents have been brief and respectful, but I was caught off guard during the last BOD meeting and want to be prepped to set a professional and productive standard from here on out. I've received comments from several members who are happy with how succinct our meetings have been this year compared to previous BODs who took 1 1/2 to 2 hours.

Regarding FL Statutes three-minute reference: I was aware of this, but when it states "The association may adopt written reasonable rules..." does this mean that the BOD must make a formal resolution at the next meeting to implement written rules to uphold this? Or does wording "MAY adopt" allow us to merely advise members upon Open Forum to abide by these guidelines? I like GlenL's Code of Conduct and would love to benchmark from it!

In case anyone is wondering, there are no rules in our governing docs regarding this subject, so I do defer to FL Statutes.

KM
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Barbara,
My intent is to suggest that the owners be given a chance to speak, but not during Board discussion about a matter, any matter that requires the board to render a decision.
If you allow the owners to speak on agenda items, I would suggest you have an owners spot at beginning of the meeting and the board can weigh what is said but the vote of the Board is by motion, followed by discussion, then a role call. Nowhere in this process should owners be involved, it has to be a vote of the board by motion. Many associations do not have open meetings, some not legal but some states do not require open meetings. Some do not allow owners comments, to me, I would push my board to hold open meetings, if fact, we did force them to hold open meetings a few years ago.

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