Are Open Forum Limits OK?

 By Kelly G. Richardson, Esq. CCAL, HOA Homefront Column

Mr. Richardson: Our HOA holds open forum for homeowners at the end of the agenda. You have suggested that it should come earlier if not at the beginning of the agenda. Can you explain? P.S., Mammoth Lakes

Dear Kelly: I attended a board meeting and wanted to speak at Open Forum. I was denied as I was told I had not signed up in advance. Did the board violate any law by not allowing me to speak? The agenda for another meeting announced that members must sign up and the number of spaces was limited to ten. I believe this is in violation of Civil Code Section 4925(b). P.H., Torrance

Hello Kelly: After our board’s regular business is conducted, a “Homeowners Forum” allows homeowners an opportunity to voice questions or concerns. Unfortunately, most of those who speak have some form of criticism to express, which ultimately results in the president taking a very defensive posture by either refusing to answer the question or cutting off the speaker by claiming they are accusatory or defamatory. In last night’s meeting the manager announced that open forum speakers may only voice “constructive comments, with no defamatory, accusatory, or critical language.” What gives this right to a president or board to limit what and how such homeowner communication is presented? E.P., San Diego

Dear P.S., E.P., and P.H: The right to an open forum time in board meetings and membership meetings comes from Civil Code Section 4925(b), but the statute does not say when that time must be provided. Many boards put this important meeting element at the end of the meeting, after the agenda is completed. This sends an unhealthy message to the neighbors – that their comments are last priority and since the agenda is completed their comments are useless. Consider starting your meetings with open forum, demonstrating to your HOA neighbors the level of priority your board places upon what they have to say.

Nothing in the law allows conditions other than a time limit on open forum comments. Members may attend the open meeting portion and speak, not during the entire meeting but during the part of the meeting reserved for their comments. Section 4925(b) requires that boards set a reasonable time limit. Thirty minutes is a reasonable overall time limit on the open forum session, and limiting each speaker’s time to 3 minutes maximizes the number of people who may speak during that time. If more than 10 indicate a desire to speak (by a show of hands) the chair or board may want to reduce the time to 2 minutes per speaker to allow as many as possible to speak.

Some boards require open forum speakers to submit a form or even indicate their intended topic of comment, but nothing in the statute authorizes such requirements. There is no right to censor open forum comments – if a speaker says things that expose them to liability, that is not the board’s responsibility. Trying to ban criticism of the board is a terrible idea. During open forum comments, directors should listen and not interrupt or respond. When open forum is over, it’s time for the audience to listen.

Open forum is a valuable community communication function. Use it well, and the community benefits.

Sincerely, Kelly