Real Estate & Property Law

Setting the Record Straight on Homeowner Forum

I wrote a blog awhile back about homeowner forum time. An owner had written in and said that the Board was requiring homeowners to fill out information cards before the forum time and they had to state their name and the subject of their comments. The owner found this very offensive, and I would too, if the motive was improper.

Thus, I wrote the blog from the perspective that if the Board was doing this in order to censor the comment, that would be inappropriate, as there is nothing in the law that allows the Board to censor homeowner comment in the forum time.

Luckily, and feeling much like Dear Abbey now, I received a few emails from board members in response to my query for information on the topic, explaining why they require comment cards, and it makes sense. They want to be able to verify

(1) That the person speaking is actually a member of the association, and
(2) That persons speaking on the same subject matter can be grouped in the forum.

I believe this is a very good idea. And so I stand corrected and admit that new information has changed my perspective on this topic.

And, lest anyone think that my views on freedom from censorship should allow members to act out, threaten, cajole, defame, or make a general arse of themselves, well, that is not true. It is always my assumption in answering inquiries that people will be inclined to be civil. But of course, that is a rose colored glasses view of the world. I will say that anyone speaking on any subject will be much more likely to get more of the right kind of attention if they appear rational (as opposed to highly emotional - making people wonder if they are thinking straight), prepared, pragmatic and civil.

For those that are interested, I am reading a very good book called "Choosing Civility" which is about "The Twenty-Five Rules of Considerate Conduct". In the Foreward, the author, P.M. Forni, who is a cofounder of the Johns Hopkins Civility Project says: "Civility is a wonderfully effective tool to enhance the quality of our lives."

If anyone stopped for a moment and thought about this, in any HOA situation, it would make sense. It applies equally both ways in any communication. Why? Because people tend to react in the same way they are approached. If you lead with anger, you are likely to get it back. The same goes for leading with impatience, distrust, disdain or contempt, or, as a contrast, compassion, kindness, consideration, understanding and acknowledgement of position, even when you do not agree with the points being made.

Really people, everyone could try a little harder without breaking a leg.

Full post as published by California Condo & HOA Law on March 08, 2008 (boomark / email).