Real Estate & Property Law

I HAVE FREE SPEECH RIGHTS - The Saga of Bullies-Harassment-Embarrassment in HOAs and Condos

There has been a lot in the news lately about the difficulties of "town hall" meetings set up to inform constituents about pending legislative issues. A "town hall" meeting can be a great forum to discuss issues and collect gems that help to discover problems, and solutions.

Or the meeting can be a melee, out of control, where people get hurt and nothing gets accomplished. (Maybe you have seen "Parks and Recreation" ion TV with Amy Poeler, very funny and sad at the same time - although she tries hard and keeps a stiff upper lip, it's challenging to put yourself out there in front of a crowd that is less than satisfied with local government.)

Concurrently with all the news about town hall meetings out of control, there has been a thread of hits on the web about how outrageous conduct of owners or board members at HOA or Condo Association meetings should be handled. One way is ejection from a meeting (but of course, that can lead to other problems). One is to consider the conduct a nuisance or harassment (if there is ill intent involved) and consider fines, possibly, and if its eggregious, consider a ban from meetings where the disruptions have been occurring. All disciplinary action requires a hearing of course, at least so in California. And what the documents say about disciplinary matters is important.

One person responded in a thread about fines for harassment or nuisance behavior by saying:

"BULLSHIT -- SO-CALLED "anti-harassment" resolutions violate both the statutory and constitutional rights of the homeowner. EVEN if the homeowner uses yelling and profanity, it is protected speech."

Those who wish to engage in public displays of bad temper and childish behavior, swearing and the like, often claim that they have a "Free Speech Right" that allows them to behave badly. Not so. Yes, Americans have a right to free speech, however, even the Constitution allows some controls over time, place and manner. There are many cases about this.

The cite where this thread took place (DavisStirling.com) noted that Robert's Rules of Order for meetings, 10th Edition, p. 627-629 allows for ejecting someone from a meeting if they engage in displays of profanity or yell at people during a meeting that is subject to open session, such as an open session of Congress or a city council meeting. The same holds true for decorum in a court room, as they noted.

Besides the impropriety of this kind of behavior, it tends to mark people as crazy, fanatical, extreme, mad, or wild (where do you think the oft-coined tag "disgruntled" homeowner came from)?

The truth is that the rationale people of the world that want change tend to make a difference. Sometimes the radicals do to, but in a homeowners association setting, when I speak with owners who are angry and want change, I often find that they have to take a step back, and become rational, gather the right kind of information, and engage others in the discussion through rational communications, because what tends to happen if they remain "out there" is they attract other radicals who hurt their cause and at the same time, put off the rational people who might also like to see some changes.

These loud and offensive people may claim they are just passionate, while at the same time acting like an idiot. I heard on TV news this am a woman Senator from Missouri say "Just because they yell does not mean they are right."

Touche!
**

I am working on my E-news (free by the way by signing up through the condo guru site http://www.californiacondoguru.com for August. This month the edition will be about bullies, and meetings, and how to make the best of the situation, and how to get through business when there is disruptive comment.

If you send me a tweet to Califcondoguru on twitter, maybe we can get a discussion going.

Full post as published by California Condo & HOA Law on August 12, 2009 (boomark / email).