Silencing Homeowners
Hello Dennis,
I have read numerous posts on your site here on the topic of homeowners’ right to speak at the appropriately appointed time(s) during Board Open Meetings, so I think I know what to expect from your answer, but to be sure:
Is there any legally justifiable reason a homeowner would be silenced during a virtual Open Meeting of the Board, the means of silencing being disabling their ability to “raise their hand” and/or to “unmute” themselves?
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Rhonda,
Virtual meetings are not currently authorized in statute, so there exists no provision in law to address the expectations for the use of that meeting format. They became widespread during the pandemic, and everyone turned a blind eye to their use. But since the pandemic, they have become the meeting format of choice for communities because of the control placed on those meetings by the host, typically the community manager. Because a host can limit whose mike is turned on and when they can turn off that mike does not mean that the action is legal, and it is illegal. The open meeting law provisions of section one still apply, and any homeowner wishing to speak must be allowed to do so during the meeting. If time limits are established, the host cannot turn off the mike of anyone speaking before that time expires, and the homeowner is warned that the mike will be silenced. This is a simple, common-sense application of technology. If the association does not agree to comply with the law, then inform them that the law does not allow them to use remote meeting technology, and they should cease that practice until the law can be changed to allow and regulate its use.
I’ve drafted legislation to address this, but it has not been sponsored this session.
Dennis
In our HOA, we require that anything discussed during a board meeting be on the agenda 48 hours before the meeting. Letting someone show up and speak without proper notice means that we could just be getting one side of the story. We also limit discussion of employment issues, litigation, and the other exempted topics. I could see where shutting someone’s microphone off would be handy. oh, and we shut off all microphones during our annual meeting until the appropriate time just to limit background noise.
You are unnecessarily handicapping yourselves. While public bodies have the agenda requirement these communities do not. The board is free to add or delete agenda items that have come up even during the meeting since the original agenda is sent out. It would be wrong to not include an know issue on the agenda then including it during the meeting to limit the ability of homeowners to express their input on that issue before a board vote. All homeowners are allowed to speak on any issue being considered by the board. These meeting are board meeting you are free to limit open discussion of issue by homeowners that you want. But if you do so how will your truly understand how your community feels about anything and how receptive are you to the people that you are supposed to represent. If you treat homeowners with disdain they will return the favor.
Dennis
Thank you once again, Dennis!