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RichardM29 (Virginia)
Posts: 43
Posted:
A friend's HOA has no conditions on who can attend open meetings of the HOA. The President's "boyfriend" attends and dominates the meeting with his opinion, suggestions for wording on resolutions, etc.

This is in Maryland; HOA's are close corporations, but to my knowledge there is no statutory barrier for non owners to attend meetings of the corporation.

Unless the HOA takes its own action to restrict attendance, is there any other aspect of the law that might apply here?
ElleN (Idaho)
Posts: 1,333
Posted:
If the President allows the non-member to speak (making no motions) and no one objects, then IMO this does not violate any law, bylaw or other rule.

If someone objects at the meeting itself, especially either before or while the person is speaking, saying this person is not a member, then for one, Maryland statutes have something to say, and legalities may arise. If you want elaboration about this scenario, then please ask.

Note: Based on past posts, this is not a condominium.
RichardM29 (Virginia)
Posts: 43
Posted:
Thanks! I've scanned through the Maryland General Corporate Law (MGCL) but perhaps missed something. If a member raises an objection, then there are some legal grounds for denying participation and/or presence?
ElleN (Idaho)
Posts: 1,333
Posted:
There is a lot of nuance. If you could kindly elaborate even more, then this would save a lot of time and a lot of writing by me in some vain attempt to cover all bases. The questions I am raising are likely many of the questions a good HOA attorney would raise, charging you a fortune and with complete justification to do so.

Please answer as completely as possible all of the following questions.

Are you talking about a meeting of the owners? Or are you talking about a meeting of the board?

Did someone object during the meeting? Did someone object after the meeting? What is their specific objection?

Quote:
Posted By RichardM29 on 05/08/2025 9:00 AM
Some of the places where legalities arise:

See Md Code § 11B-111. (1). I say: If the non-member is an agent of the member, then the non-member has the same rights as members to participate.

See Md Code § 11B-111. (3) (ii). I say the latter says only lot owners may comment.

See Md Code § 11B-111.4 (b): The Board may prohibit non-members from speaking.
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By RichardM29 on 05/08/2025 6:20 AM
HOA's are close corporations,
They are usually nonstock corporations. Not for a minute do I believe all Md HOAs are close corporations.
RichardM29 (Virginia)
Posts: 43
Posted:
Yes, my bad. It is a non stock corporation.

The person of interest here (President's "Boyfriend") shows up at both types of meetings.

I'm not sure if my friend has objected to the presence or participation of the boyfriend yet at a meeting. We are both interested in finding what legal basis there would be for the objection, if one exists.

i have a question about the first cite in the box 11B-111.(1): legally, what does "agent" connote? If I use the term very loosely, its simply someone that represents a lot owner at a meeting. But then, some might assert anyone could show up, announce they were an "agent" of the lot owner, and cast votes. Is there a formal, legal definition of an "agent?"

Thanks for your continued interest in this topic.

KerryL1 (California)
Posts: 14,550
Posted:
In HOA. world, " open meetings of the HOA" has no meaning. Either the meeting is a meeting of the members (owners) or a meeting of the board.

The HOA's Bylaws should state who may attend either kind of meeting. Ours say only members (owners) may attend board meetings unless the board agrees that a non-member may attend.

What do you friend's Bylaws say about this topic?
DeanJ
Posts: 1,786
Posted:
I would never suspect a non owner was invited to a board meeting or they would comment during the meeting. But, if your board is allowing a non owner to attend and provide comments during the business portion of the meeting or during the open portion of the meeting for owner comments, maybe you should invite some of your closest friends or relatives to make suggestions too.

KerryL1 (California)
Posts: 14,550
Posted:
Invited non-owners in my HOA,s Dean typically are this associated with some kind of project on the premises. Right now, for instance, our entire pool area is torn apart as piping under the area must be changed our for PVC piping after 23 years

So the project manager gave a report to the Board with excellent drawing, photos, etc. of what has been done so far, nests steps and time anicpatd when pool are will be reopened.

A different non-owner was a translator for an older owner who does not speak English who wanted to contribute during the Board meeting's open forum.
JeffT2 (Iowa)
Posts: 880
Posted:
Is the boyfriend a resident in your community? Is he a live-in boyfriend with the president? Is he basically a common-law husband to the president? What is his relationship with the community? Why does your friend not want him at meetings?
SheliaH (Indiana)
Posts: 6,964
Posted:
In my community, HOA meetings are for owners only, and I think you can make that argument anywhere and win. A non-owner doesn't have an interest in the community - even tenants who rent a house or condo are there because they signed a lease with the owner. Ultimately, the owner would be responsible for the conduct of his/her tenants (another large issue in HOA land). As for other owners, they're legally obligated to comply with the governing documents, such as paying assessments, so it makes sense for them to come to meetings to see who's making decisions and where the money's going.

We have a lot of people who rent out their homes (I live in a townhouse community) and once upon a time, tenants could attend only if they got permission from their landlords. In recent years, most only show up if they have a question or problem and speak during the resident forum at the beginning of the meeting. Owners use that time to comment, suggest or complain (sometimes all three!) about association issues, and when the forum ends, those folks and the tenants usually leave, so we don't enforce the permission stuff.

In your case (because this sounds more like a SWIM question), it seems to me the board needs to have a discussion with the president about her boyfriend's behavior. In fact, once the resident forum ends, we encourage homeowners to stay and listen to the proceedings, but don't take comments or suggestions from the floor so the board can get through the agenda. This is supposed to be a business meeting, and sometimes the agenda has time- sensitive items that must be addressed at that time. People who jump in saying whatever are rude and make the meeting last all night.

The board should set up some rules regarding attendee conduct (which should apply to board members as well). The rest of them should tell the president that she needs to find a way to rein in her boyfriend - unless his name's on the title, he really has no business being there (I don't care if they live together). She should do her job and preside and remind the guy what the rules are and if he can't refuse to comply, he an stay home and watch the White Lotus or something. Otherwise, he can take notes and write the board with comments and suggestions (or tell his girlfriend after the meeting). In the meantime, act like an adult and know when to speak and STHU.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,333
Posted:
-- In the context of this thread, the only way a person can lawfully be an agent of an owner is via either a limited power of attorney written pursuant to Maryland statute or a rule in the bylaws that describes who can be an agent of an owner.

-- By my reading of the statute sections, and if the bylaws are silent on this point, as long as the board has not created a rule declaring only owners can participate, then the boyfriend is free to attend.

-- Your bylaws may have more to say. If the bylaws say that only owners can attend, then an owner can ask that this be enforced. But I would be surprised if they did say this, because HOA boards often invite guest speakers. Prohibiting guest speakers is a bad idea.

-- The board really should create a rule saying only owners can participate, unless advance permission is given by the board.

-- Any owner who does not like the non-member participating should ask the board to prohibit non-members except those who are either agents of the HOA (e.g. the HOA manager; a reserve company representative; the HOA attorney; et cetera) or agents of an owner. The board has the right to refuse.

KerryL1 (California)
Posts: 14,550
Posted:
As noted above, my HOA's Bylaws say "only members (owners) may attend Board meetings unless the board agrees that a non-member may attend."

Any owner may "participate" (speak) during the Borad meetings' open forum that's required in my state. But no directors or owner or guest may speak ("participate") unless acknowledged by the meeting chair.

What do you friend's Bylaws say, Richard?? abut non-owners attendance (presence) at Board Meetings?

If silent, I'd say your friend needs to start speaking up at board meetings to ask the meeting chair to permit their bonfire to only participate during open forum.

Mt HOA have a very nice set of guidelines for ownrs conduct at opine boar meetings, but if your friends prez is just gonna let BF yak whoever he feels like, formal guiltiness will do no good
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By KerryL1 on 05/08/2025 11:48 AM
Invited non-owners in my HOA,s Dean typically are this associated with some kind of project on the premises. Right now, for instance, our entire pool area is torn apart as piping under the area must be changed our for PVC piping after 23 years

So the project manager gave a report to the Board with excellent drawing, photos, etc. of what has been done so far, nests steps and time anicpatd when pool are will be reopened.

A different non-owner was a translator for an older owner who does not speak English who wanted to contribute during the Board meeting's open forum.

Except that is not the scenario in this instance.
KerryL1 (California)
Posts: 14,550
Posted:
Especially with my typos, Dean.

My understanding of the scenario is that BF blabs ("participates) whenever he feels like it instead of solely at a time when "owners" may participate, IF there is such a period. Is there, Richard?

In addition, the BF is not an owner, which annoys the OP's friend.

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