Reader Questions - Meeting Disruption, Board E-Mail

Dear Kelly,

I am on a board of beleaguered directors. We have a homeowner that is out of control. She disrupts meetings with rants and accusations that the board is incompetent.

Homeowners will not attend meetings because they don’t want to listen to her ravings. Some homeowners are afraid to speak up to her, and she is constantly ambushing terrified home owners when they are out walking. She bullies and yells to get her point across which most often is pointless or incomprehensible.

Setting time limits in open forum does not work because limits of any kind do not apply to her. She will interrupt and shout while standing and marching during a meeting. We have trouble getting any work done because it’s all about her.

Are there any common sense measures to control such a person?

D.S., Orange

Dear D.S.,

Sadly, this problem is common. All too often I see boards discouraged and healthy discussions prevented by a neighbor who refuses to let anyone else speak, let alone disagree. Such bullies must be reined in, or neighbors will not want to run for the board or even attend meetings.

First, adopt clear meeting rules. Such rules can describe how meetings are conducted, open forum guidelines, prohibitions on unacceptable behavior, who can attend, and how agendas are set.

Second, the rules must be enforced. If nobody is willing to enforce order, rules become meaningless. If a warning does not work, ask the bully to leave the meeting. Don’t adjourn meetings because of a disruptive member – that makes their disruption successful. Instead, recess the meeting momentarily so the person has an opportunity to leave peaceably. It takes discipline to enforce discipline, but your community deserves reasonable meetings attended by neighborly people.

Best to your HOA,
Kelly

Board E-mail

Dear Kelly,

I have a question regarding the e-mails board members can respond and approve of. Our association has five board members which I am one, and no other committees (including no architectural committee). When plans get submitted to our management company they send out e-mails to each director to approve them. I’ve read your articles before which states board members may not communicate with other board members or respond by e-mail. Does this apply to architectural plans as well? Our management company said we can approve plans by e-mail.

Thank you for your response,

D.J., Orange

Dear D.J,

When you directors discuss association business, you are acting as a board. Those discussions must be in a meeting, and unless the topic is eligible for closed executive session, the discussion must be open to any member who wishes to attend. Under the Open Meeting Act, now found at Civil Code 4900-4955, the board may not make decisions via a series of electronic messages (under section 4910). So, your manager is mistaken, and the approval or disapproval of architectural requests by members, if handled by the board, must be discussed in an open board meeting.

There is a difference between relaying information and discussing that information. For example, the law does not prevent a manager or director from relaying the architectural application to the other directors, but it does prevent the directors from responding to the information or otherwise discussing it.

Thanks,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.