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ban a member from meetings

Started by BarbaraD6 • 18 replies • 5171 views

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BarbaraD6 (Florida)
Posts: 347
Posted:
We have a owner who doesn't shut her mouth at meetings, this has been going on since the beginning of our association.

The prior presidents would ignore her,(not acknowledge her at all) I used to be friends with this person but no longer.

I held the director position and she would make comments about at every meeting.

Last night I was voted President of our HOA and she yelled out "oh Jesus, help us" I was wondering if anyone has anyone ever had to ban a member from meetings?

Barbara
SureshD
Posts: 268
Posted:
Doubtful you can ban attendance outright even if behind in dues or other money owed.

You as the President are likely responsible for "presiding" over the meetings. You decide the rules within reasonable limits, your docs. and accepted protocol standards.

Depending on your docs. you can restrict members from talking or other disruptive behavior unless asked.

If your docs. are silent on this speaking issue then as per FL 720 the ONLY time members have the RIGHT to speak is if an item is placed on the agena by a membership petition of 20% or more of total membership. And then it is limited to 3 min. and the petitioned item ONLY. Of course you can allow more if you wish.

If the person is disruptive enough just adjourn the meeting. Then she will get the message and "peer pressure" may convince her to keep quiet.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Suresh,

I normally agree with you as you are sharp and on top of the Statutes, etc. But this time it is NO WAY adjorn a meeting because of someones not keeping their mouth shut. The membership deserves their rights to have a meeting and either the big mouth gets told in private that she is disruptive and will be removed or have the Board request a meeting with her and tell her that she must keep her comments under wrap. You do not have the right to ban her.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I agree with Donna.

It may be necessary to appoint a sergeant at arms instead.

Make sure that everyone knows that the chair (in most cases, probably you) as the right to recognize people to speak. Let it be known at the very beginning of the meeting that the rules of speaking will be kept very tightly controlled and that if someone continues to disrupt then the sergeant at arms will escort them out of the chamber.

If she does not yield the floor and becomes disruptive, follow through.
RickW (Illinois)
Posts: 169
Posted:
Quote:
Posted By BarbaraD6 on 05/20/2010 2:34 PM
We have a owner who doesn't shut her mouth at meetings, this has been going on since the beginning of our association.

The prior presidents would ignore her,(not acknowledge her at all) I used to be friends with this person but no longer.

I held the director position and she would make comments about at every meeting.

Last night I was voted President of our HOA and she yelled out "oh Jesus, help us" I was wondering if anyone has anyone ever had to ban a member from meetings?

Barbara

Not exactly the same, but we do have one contentious member. I politely told him he was wrong, and constructive truthful criticism is welcome, but we do not have time to dribble on about issues that do not affect the association....he has quieted down and we both respect each other.

You might need to stand your ground and civilly let them know their boundaries
SureshD
Posts: 268
Posted:
Well I agree it is not something you want to see happen but I've seen a meeting adjourned for this type of behavior. The police were called and have no authority as long as no laws are broken. The only way to stop it was to adjourn the meeting.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sam,

We hired a Deputy for a meeting on pick-up trucks one time, when we were warned that 2 guys were planning a rebeleous takeover of a meeting. That was warranted to cancel the meeting in order to protect the safety of the members and the integrity of the meeting. But some big mouth, rude person cannot rule the authority of the Board and it's member's rights to have a meeting. This is a one on one problem and should not affect the other members.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Who says you have to invite anyone?
Have your meeting, audio or video tape it, put it on youtube, send hoa members a link. All member questions could be provided in writing and spoken by a board member on tape, then discussed by all members.
SureshD
Posts: 268
Posted:
Florida Law... it says all meetings are open and notice must be given.

There are exceptions, but a "generic" Board meeting is not one of them.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
then...... i got nothing....
DonnaS (Tennessee)
Posts: 5,671
Posted:

Steve,

Don't ya hate that when that happens. Yup, Suresh knows Florida Statutes and he is right on. All Board and committee meetings are required to be open to the members except when the association attorney is present with discussions pertaining to any legal, litigation or pending litigation issues..
JoanneD1 (Arizona)
Posts: 447
Posted:
We were told that even members that are delinquent and being sued by the HOA have the right to attend meetings and can speak at the appropriate time as long as they are not rude. We have an owner that keeps contacting various Board members and harping on the same issue which has been deemed moot. We have now told him that he can no longer communicate directly with Board members and must put all communication in writing to the PM and send via USPS. We also told him further discussion on the subject would be considered harrasment and we have a harrasment policy and could fine him. There is always someone that has to be stirring the pot and making others miserable. Maybe if she loses enough friends, she will zip it or move out.
SureshD
Posts: 268
Posted:
Your last sentences express my sentiment as well when I suggested to adjourn the meeting and then when people get upset at her and her actions the "peer pressure" may cause her to be more civil.
BarbaraD6 (Florida)
Posts: 347
Posted:
Joanne,

Would you share your harassment policy with me? This could a avenue to explore.

thanks
Barbara
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Florida Law... it says all meetings are open and notice must be given.


Does Florida law say it has to be in a building which all members must also be in?

If not, do the meeting over conference call. Say that due to busy schedules, many of the board members will not able to be present at the meeting, so your conducting the meeting over a public conference call by phone. Invite all the members to join in the call and just mute their lines. State, all business to be covered in this meeting needs to be submitted via us mail prior to the meeting. If you wanted to take questions, you could take them one at a time by un-muting one person at a time, recognize their question and let them know you will discuss it at the "next" meeting.

Therefore everyone is invited, notice is given, meeting is open.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By SteveM9 on 05/24/2010 7:58 AM
Florida Law... it says all meetings are open and notice must be given.


Does Florida law say it has to be in a building which all members must also be in?

If not, do the meeting over conference call. Say that due to busy schedules, many of the board members will not able to be present at the meeting, so your conducting the meeting over a public conference call by phone. Invite all the members to join in the call and just mute their lines. State, all business to be covered in this meeting needs to be submitted via us mail prior to the meeting. If you wanted to take questions, you could take them one at a time by un-muting one person at a time, recognize their question and let them know you will discuss it at the "next" meeting.

Therefore everyone is invited, notice is given, meeting is open.

Certainly less complicated than telling one person to shut up and wait their turn. Not.
Studies show that 5 out of 4 people have problems with fractions
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Certainly less complicated than telling one person to shut up and wait their turn. Not.


Sometimes that doesn't work. Even been to a really bad town meeting or hoa meeting? You would know what I'm talking about.
JeffP6 (Florida)
Posts: 91
Posted:
we have a similar issue with a few homeowners - we hire an off duty deputy to patrol the neighborhood each week and on the weeks of the HOA meetings we just have him come an extra day.. You would be amazed at how respectful people are when theres a guy in the back with a gun and a badge He attends officially to let the homeowners know about the current crime status of the neighborhood and surrounding areas.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
The presiding member of the BOD needs to gavel him/her into silence, explain the law/read the riot act, VERBALLY ONLY eject the noncompliant party (if still noncompliant), then, if necessary, ADJOURN the meeting pending the arrival of law enforcement officers on the charge of trespass (yes, they ARE trespassing if ejected per ROR).

Don't believe this is proper procedure? Check with any attorney!

Not widely published since it would cut greatly into their income (render them less necessary as receivers).

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