HOA Board Authority to Ban Disruptive Homeowners: Rules and Legal Considerations

Homeowners Associations (HOAs) play a crucial role in ensuring a harmonious living environment. However, dealing with consistently disruptive and abusive homeowners can be challenging. This article explores the legal and practical steps an HOA board can take to address such behavior without infringing on residents' rights.

Legal Framework for Excluding Disruptive Homeowners

In many jurisdictions, HOA boards have the authority to exclude a disruptive property owner from attending meetings for a set period of time. The key to this action lies in following legal guidelines and ensuring due process. While no case law universally governs this situation, one precedent required the HOA to include any written relevant concerns of the excluded member in the open discussion portion of meetings.

For example, after a homeowner named Jane was suspended from meetings for 120 days, her behavior became more civilized once her suspension period ended. This illustrates that such actions can have a positive effect on disruptive behavior.

HOA Contracts and Procedures

The specific authority of an HOA board to ban a disruptive homeowner depends on the HOA contract and procedures. Many HOA agreements include provisions for addressing disruptive behavior, ranging from warnings to forced sales. Typically, homeowner attendance at HOA board meetings is governed by HOA rules.

A simple solution is to allow the disruptor to attend meetings remotely, which can minimize disruptions and allow for more productive meetings. However, it is crucial for HOA boards to follow both the law and their association rules to ensure fairness and due process.

Creating and Enforcing Rules for Meeting Decorum

To manage disruptive behavior effectively, HOA boards can implement written rules of decorum and follow a clear disciplinary procedure. One effective model is the use of Robert's Rules of Order. This guide outlines a structured process for conducting meetings and maintaining order.

Here are some key elements that can be included in your HOA's decorum rules:

Limiting Participation: Allow homeowners to participate for a specific period at the end of the meeting. If they misbehave, provide a warning and exclude them if they repeat the behavior. Open Forum Agenda: Members can propose open forum agenda items up to one week before the meeting, ensuring the topic is documented. Speaker Recognition: Attendees must wait to be recognized by the chair during open sessions, which are highlighted on the agenda. Remote Attendance Guidelines: For remote calls, use the "raise hand" feature of the meeting software, and mute attendees until recognized. Time Limits: Speakers are allotted up to 3 minutes during discussions, and must allow others to speak before going again. Commitment Enforcement: Personal attacks on others are not tolerated and will result in warnings and eviction from the meeting.

These rules can significantly reduce disruptive behavior and ensure more productive meetings.

Imposing Sanctions for Disruptive Behavior

HOA boards may also impose sanctions on belligerent homeowners based on the Enforcement section of their CCRs. This section provides a legal framework for addressing violations. For example:

Suspension of Rights: Suspend an owner's voting rights and the right to use recreational facilities for the period during which assessments remain unpaid or for a period not exceeding 30 days for other violations. Monetary Penalties: Impose a monetary penalty for violations of the Association’s governing documents. The Board can distribute a schedule of monetary penalties to Members and use the same rights and remedies for the enforcement and collection of monetary penalties as they do for Assessments.

Implementing these rules can help maintain a harmonious living environment and ensure that all homeowners contribute positively to their community.

Conclusion

Banning disruptive homeowners from attending HOA meetings can be an effective strategy to improve the quality of meetings and maintain a harmonious living environment. By following legal guidelines, implementing clear rules, and imposing appropriate sanctions, HOA boards can address disruptive behavior while upholding the rights of all residents.