You are at an Association annual meeting. There are one or two homeowners who are trying to take over your meeting by controlling discussion and making untrue allegations toward the board and other members. Homeowners are beginning to leave and you can tell that the meeting is quickly getting out of control. The board president asks you can be done. What happens now?

According to Roberts Rules of Order Newly Revised, 12th Edition, the chairperson (HOA president) has absolute control over the meeting. No one can speak without being recognized by the chairperson. This power comes with a great deal of responsibility. The chair must at all times conduct the meeting impartially and according to the agenda. He must be familiar with parliamentary procedure (or ideally, have a parliamentarian present for guidance) in order to keep the discussion moving and know when to take a vote without someone having to “call for the question.”

Announce Ground Rules: Prior to starting the meeting, the HOA president should explain the ground rules for conducting the meeting. The president should explain the meeting process and state if and when homeowner comments will be permitted and how homeowners must seek recognition from the chair/president. If certain members tend to continuously disrupt or dominate the meeting, strict time limits and control techniques (discussed below) should be applied consistently throughout the meeting. Keep in mind however, that most members are attending a meeting solely for the purpose of learning about what is going on in their neighborhood and to provide helpful and constructive suggestions. You should not discourage such contributions or, worse yet, inadvertently create homeowner apathy!

Time Limits for Speaking: More often than not, the Board must prepare itself for a heated, if not downright nasty debate on a controversial topic. If such a topic is on your agenda, the Board should set limits on speaking time. An ideal time limit is three to four minutes. The Board should also set a rule (or Motion to Limit or Extend Debate should be made), which should be announced with the other “ground rules” at the beginning of the meeting that all who wish to speak must have an opportunity to speak once, before anyone can speak a second time. While the Board must allow for a reasonable number of people to speak to each side of an issue, this number will vary depending on the number of homeowners who wish to speak. It is reasonable to establish a shorter speaking time limit for those who wish to speak a second time or to rebut a previous comment. Keep in mind that homeowners should have time to speak before they take formal action on any item under discussion. This opportunity to speak must be allowed in addition to any other speaking opportunities provided by the meeting chair/president.

Controlling the Meeting: The chairperson (usually the HOA President) of any meeting must embody the following qualities: organization, composure and, above all, the ability to remain calm, yet in charge, of the often frenzied mass of speakers. That familiar scenario in which a controversial topic causes respectful, courteous “friends” to degenerate into disrespectful, profanity-using, and even threatening “strangers” can be avoided. If faced with a particularly hostile or difficult member, the chairperson should first warn such member and call him or her to order. In the case of a particularly egregious breach of order, after numerous warnings the chairperson can direct the secretary to take down the words used by the disorderly member, and should “name” the offender in such minutes (i.e., “Mr. X! The chair has asked you to refrain from offensive language three times, and yet you still refuse to comply.”). Members should also be reminded that debate about any issue should not be directed at any specific member, but instead, should always be directed to the chairperson.

Removing the Member or Adjourn the Meeting? Removal should be the last resort. If an association cannot conduct business due to serious and/or continued disruption from a member, the Association may consider ordering him or her to leave the meeting. Such action, however, is not recommended unless absolutely necessary, as the removal of a member could have negative repercussions. A better alternative would be to adjourn the meeting until a later time (by a Motion to Postpone to a Definite Time) rather than forcing a member to leave.

Electronic Meetings: Since the Pandemic, use of virtual meeting platforms have become much more common among community associations, and studies have shown that use of virtual meeting platforms have contributed to higher participation among community association members and has contributed significantly to community associations obtaining their required quorum to call meetings to order and conduct business. As of July 1, 2022, Tennessee enacted a new law which, subject to a few conditions, allows all nonprofit corporations (which includes community associations) to conduct meetings (and allow members to vote) by the use of “any means of remote communication”. Taking advantage of this new law can provide the community association with the ability to mute participants who are out of order or who refuse to comply with debate time restrictions.