Editor’s note: This is the last column in a four-part series on HOA rule recommendations.
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Along with the property’s overall condition, effective, positive and orderly board meetings can create a positive impression to new members.
However, how do new owners or directors learn how board meetings are to be conducted?
The law does not require associations to have meeting rules, but such rules can be extremely helpful in guiding attendees and directors. Much of the rules may be derived from statutes (Open Meeting Act, Civil Code Sections 4900-4955) but good meeting rules can add further important guidance.
Topics in meeting rules could include:
Attendance: Only members have the right to attend open board meetings under the Open Meeting Act, but what about the owner’s tenants, non-owner spouses, attorneys, children, or service providers? The rules can reaffirm that only members can attend, or could state if anyone else can attend.
Order of business: A model agenda can be included in the rules to inform HOA members about the order in which things happen in board meetings.
Open forum: How is it conducted? Is it at the beginning or the end of meetings? Can the board vote to have a special open forum on a limited issue during the meeting? What is the time limit on owner remarks? Reasonable guidelines on open forum will be helpful.
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Behavior: Rules should contain clear boundaries of behavior – boundaries which no reasonable person would dispute. Meeting rules should spell out prohibited behaviors; thereby, promoting reasonable behavior during board meetings.
Disruption: How does the board handle meeting disruptions? There is nothing more unfair to the board and the attending owners than when one or more owners hijack a meeting with obstreperous behavior. I have attended meetings in which the disruptor’s goal was clearly to try to force the board to adjourn and prevent the board from deciding on certain agenda items. This reprehensible behavior should not be condoned. Rules should include an escalation of response to disruption. The escalation should start with a warning from the chair, followed by a motion of the board of censure (asking the owner to quiet down), followed by a motion to eject the offending owner from the meeting. It is not fair to anyone to allow bullies to stymie the board from handling the association’s business.
Disciplinary hearings: If called to a hearing, what will happen? So often I attend disciplinary hearings or reimbursement hearings in which the HOA member called to the hearing is simply lost, not knowing what is expected from them or how to proceed. Meeting rules can explain how disciplinary and common area damage reimbursement hearings are conducted. This would help inform members how to prepare, resulting in better and fairer hearings.
Closed sessions: Homeowners often view closed board sessions as mysterious, so consider including in the rules an explanation of what Civil Code Section 4935 allows boards to address in closed sessions. Such rules may also remind the board of what should not be in closed session.
Meeting conduct rules can be a very positive and informative statement about the community’s values. Take some time, consult association legal counsel, and adopt clear and reasonable association meeting rules. Also check with your credentialled manager, who may have helpful experience with other HOA meeting policies.
The Davis-Stirling Act official site is www.leginfo.legislature.ca.gov.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Submit questions to [email protected].
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