QUESTION:
During executive session I was bullied and verbally attacked because I do not say the Pledge of Allegiance before each HOA open meeting. Since it was done during executive session does this exchange have to stay behind closed doors?
ANSWER: It is common for many organizations (including HOAs) to recite the Pledge of Allegiance at the start of their meetings. It is fairly routine and noncontroversial:
I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Right to Protest. Directors and owners alike have the right to make political statements against the United States or against the words "under God" by refusing to recite the pledge. By the same token, your fellow directors have the right to express their displeasure with your political protest. I was not there to see their actions so I can't comment on whether they bullied you or you overreacted to their free speech right to criticize you. In any event, both sides have an obligation to be civil.
No Confidentiality. The incident you describe is not one of the categories protected by
executive session confidentiality. Accordingly, if you decide to escalate the dispute by taking it to the membership, you have that right. Keep in mind that your fellow directors have the same right to counter with their own comments about your behavior. I don't see how that benefits either side. You will never be happy reciting the Pledge
of Allegiance and they will never be happy with your refusal.
Recommendation: The association would be better served if both sides agreed to disagree and everyone focused on the business of the association.
ASSISTANCE: Associations needing legal assistance can
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