Open Forum
Open forum requirements for associations apply to open board meetings (Civ. Code § 4925) and membership meetings (Civ. Code § 5000(b)), whether held in person or virtually. It means time must be set aside for members to speak on any issue, whether on the agenda or not. (Civ. Code § 4930(a)) There is no prescribed point in a meeting to hold an open forum. Some boards put it at the beginning, and some at the end of the meeting's agenda.
Time Allocation. The Davis-Stirling Act allows boards to set a reasonable time limit for members to speak at open board meetings and membership meetings. (Civ. Code § 4925) Time limits set by the board must be reasonable. A 15-second limit is not sufficient for a person to say anything meaningful. A 10-minute limit means the business portion of the meeting might never start. One to three minutes per person is fairly standard for associations. It is not uncommon for the president to adjust time limits from meeting to meeting. If only a few people attend and the board wants a robust discussion on a particular topic, the president might allow members to take more time. If the meeting has a large turnout and everyone wants to speak, the president might limit each speaker to 1 minute to allow as many people as possible to speak.
Open Forum Topics. The Open Meeting Act allows the board to establish reasonable time limits, but there is no limit on the number of topics members can raise. (Civ. Code § 4930(a)) Boards cannot create unreasonable rules that would stifle a member's right to address the board. Boards can, however, place reasonable restrictions on some topics. For example, personnel issues should be addressed privately with the board or in writing to the board, not publicly. For example, topics should not:
- involve matters outside the board's authority,
- be defamatory, indecent, abusive, or involve personal attacks or threats, legal or otherwise,
- involve personnel issues,
- involve the disclosure of confidential information,
- maintenance issues can be raised during open forums, but are often better addressed with the management company in writing.
If the board has a lengthy agenda, it may ask members to limit their comments to agenda items only so everyone has an opportunity to speak to those issues before the board addresses them.
Answering Questions. During the open forum portion of board meetings, members may ask questions, but the board's ability to answer them is limited by statute. As provided in Civil Code § 4930(b), boards may:
- Briefly respond to statements made or questions posed;
- Ask a question for clarification, make a brief announcement, or provide a brief report on the person’s activities, whether in response to a member's question or at the person’s initiative.
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 instead 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.
Boards should print the rules on each meeting's agenda to ensure everyone is aware of them. See sample agenda.
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