5 minute read
HOW TO HAVE BETTER BOARD MEETINGS
KEEPING IT CIVIL
By Stephen M. Levine, Esq.
Board meetings can be mundane, businesslike, and peaceful, but if there is a contentious issue in the community, a meeting can become combative and out of control. What can a property manager advise a board to do to avoid such a meeting?
Board members should expect that a meeting will run efficiently, fairly, and with full participation. It is up to the president and the members of the board to maintain common courtesy and decorum. It is always best for only one person at a time to have the floor and for every speaker to be first recognized by the president before proceeding to speak.
Agenda
Every board member should have the opportunity to discuss any agenda topic, and the discussions should be focused on an open dialogue. It is the president’s responsibility to limit discussions to the agenda items and to begin the meeting on time. An agenda is required by law to be posted (together with the notice of the meeting) at least four days prior to the meeting (Civil Code §4920(a)) which will aid in keeping the meeting focused on the agenda. Thus, it is important that a draft agenda be circulated by a property manager to board members for their input prior to posting in the community. A detailed and thorough agenda ensures accountability and transparency, which homeowners want and often demand.
Code Of Conduct
For meetings to be successful, boards should make sure that simple guidelines are followed. Board members should be on time, be prepared (having reviewed the board packet in advance of the meeting), refrain from interrupting others, be courteous, and allow differing points of view. Many boards adopt a code of conduct that board members execute when they first join the board. This code will set forth the guidelines to provide a roadmap for the behavior of board members and to emphasize that board members are to treat members of the community with respect and equality.
Recording Meetings
Some boards want to record a meeting believing that board members and homeowners might conduct themselves with better decorum if the meeting is recorded. However, homeowners will often want to record the meeting because they may be threatening litigation or want to intimidate participants. A homeowner does not have a right to record board meetings as they are private meetings (for homeowners of record only and any guests invited by the board), so a board may establish rules for the conduct of their meetings and disallow homeowners from recording the meetings. Many boards will state that they are only recording a meeting for the purpose of preparing board minutes and that any recording will be destroyed after the minutes are prepared.
Open Forum
Often, meetings become confrontational during the open forum. As an initial matter, only homeowners (and invited guests of the board) may attend a board meeting (Civil Code §4925), and some associations have their property manager check in with each member before the meeting begins to make sure that the individual is a member of the association. Such an action may be preventative in nature, as tenants, relatives, and those not on title are not allowed in the meeting. It is often that these individuals are the most disruptive to board meetings.
California law provides that each homeowner has the right to address the board. Civil Code §5000(b) provides that “The board shall permit any member to speak at any meeting of the membership of the association. A reasonable time limit for all members to speak at a meeting of the association shall be established by the board.” Thus, the board should set a reasonable time limit for comments from homeowners. Generally, three to five minutes give each person enough time to express their questions and concerns, and the time limit may vary from community to community. Make sure that someone is tasked with timing each speaker. A board will need a strong leader or property manager who can enforce the amount of time allowed for each open comment.
It is extremely important to explain to homeowners that the board cannot discuss or take any action on an item that was not on the meeting agenda (California Civil Code §4930(a)), but the board may briefly respond to statements made or questions posed by a homeowner (Civil Code §4930(b)) or can request that its property manager report back to the board at a subsequent meeting concerning the matter or request that the item be placed on a future agenda (Civil Code §4930(c)(2)). Make sure these expectations are clearly explained to homeowners prior to the open forum. If the expectations are clearly explained beforehand, it can reduce the number of homeowners who leave frustrated because a board will not address their concerns, problems, or questions at that time.
Summary
Effective board meetings play a crucial role in the success of a homeowner association. Boards can create a productive and respectful meeting environment by creating a well-organized agenda, encouraging open communication, and adhering to established rules and etiquette. Board members and property managers should seek feedback to make each meeting more efficient and impactful. A property manager that provides leadership and suggestions to the board will significantly influence the board’s overall success and satisfaction with your work.
