BettyO1 (California)
Posts: 104
Posts: 104
Posted:
Are there any rules in CA that prevent a Board from eliminating members open forum? What can be done if it is eliminated?
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Eliminating Open Forum
Started by BettyO1 • 5 replies • 1765 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Betty, I'm assuming that by "eliminating members open forum" you mean a member's right to attend and speak at BOD meetings. Short answer: No, with a few exceptions. The right doesn't extend to "executive sessions" and disruptive or abusive member's may be ejected. The remedy would be the same for any other violation, write the BOD a letter citing the applicable law (Civil Code §1363.05. Open Meeting Act.), recall the BOD if non-responsive or a lawsuit. Some violations but not all can be adjudicated in small claims court.
Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
If by "open forum" you mean a general meeting where homeowners get together and talk about problems, solutions etc. but no official business is transacted; then your CC&R's should have the method for the homeowners to call a special meeting.
Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Betty,
Copied below is a portion of 1365.05 (the open meeting law) which states the members have a right to speak at a board meeting. IMO, to eliminate the open forum could be construed as a violation of this right unless the BOD is going to allow the members to speak at any time during the meeting. But to take away their right to speak at all would definitely be a violation of the state law.
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(h) The board of directors of the association shall permit any member of the association to speak at any meeting of the association or the board of directors, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board of directors or before a meeting of the association shall be established by the board of directors.
Copied below is a portion of 1365.05 (the open meeting law) which states the members have a right to speak at a board meeting. IMO, to eliminate the open forum could be construed as a violation of this right unless the BOD is going to allow the members to speak at any time during the meeting. But to take away their right to speak at all would definitely be a violation of the state law.
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(h) The board of directors of the association shall permit any member of the association to speak at any meeting of the association or the board of directors, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board of directors or before a meeting of the association shall be established by the board of directors.
BarbaraD6 (Florida)
Posts: 347
Posts: 347
Posted:
Betty,
Our members are permitted to speak only on agenda items. We used to allow them to speak on whatever they wanted but it became a board bashing session.
Barbara
Our members are permitted to speak only on agenda items. We used to allow them to speak on whatever they wanted but it became a board bashing session.
Barbara
KellyM3 (North Carolina)
Posts: 2,239
Posts: 2,239
Posted:
It would be no fun if the meetings were allowed be closed session in all cases.
Besides, it's ironic to have people come argue with me because I'm not dedicating my volunteer time to serve them at their whim in the neighborhood.
Besides, it's ironic to have people come argue with me because I'm not dedicating my volunteer time to serve them at their whim in the neighborhood.
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