As provided for in the "Open Meeting Act," association members have the right to speak at open meetings of the board. Civil Code §1363.05(h). This commonly referred to as the "Open Forum" portion of the meeting. Members have a right to observe the conduct of the boards business but they do not have a right to participate in the meetings. This is the same rule followed by municipalities.

Time Allocation. The only time members a right to participate in meetings is during the "open forum" portion of an open (non-executive session) meeting (Civil Code §1363.05(i)) and only for a reasonable time established by the board. Members can ask questions but directors are limited in how they can answer them.

Unreasonable Rules. Boards cannot create unreasonable rules that would stifle homeowners' right to address the board. There is no limit on the number of topics owners may address during Open Forum. The Open Meeting Act allows the board to establish reasonable time limits, but there is no limit on the number of topics. Civil Code §1363.05(h).

Disruptive Behavior. Members do not have unlimited free speech rights. The right to address the board does not give members the right to shout, use profanity or make obscene or threatening remarks. Members who engage in such behavior may be ejected from the meeting. Directors should not attempt to physically remove a member who refuses to leave. Instead, the police may be called to escort the person out of the meeting or, in lieu of calling the police, the meeting may be adjourned to another location without the disruptive person. In addition, the disruptive person may be fined for their behavior if there are rules against such conduct. Following are sample meeting rules:

MEETING RULES: No audio or video recording allowed by attendees. However, the Secretary may record the meeting to aid in the preparation of minutes. The recording is deleted once the minutes have been prepared. As provided in the "Open Meeting Act," members may observe the meeting but do not have the right to participate in the Board's deliberations or votes. Members may address issues during the Open Forum portion of the meeting. Attendees may not engage in obscene gestures, shouting, profanity or other disruptive behavior. If attendees become disruptive, they may be expelled from the meeting and fined.

To ensure everyone is aware of the rules, boards should consider printing them on each meeting's agenda. See sample agenda.