Condo Media - January 2012 - 18

MAINE N e w s

by Joseph G. Carleton, Jr.

R e g i o n a l

Board Meeting Attendance
Owner Participation Dos and Don’ts
he 2011 amendments to the Maine Condominium Act give unit owners the right to reasonable notice of meetings of the board and the right to attend those meetings, subject to reasonable rules established by the board. Some boards and board members undoubtedly do not welcome this new law because of past experience with owners who are disruptive and disrespectful. Although it is very difficult to control association members who are truly out of control, there are things boards can do to reduce potential difficulties.

C A I

member owners to sit at the meeting table, except by invitation. Tell owners in advance what they can and cannot do at board meetings — The meeting notice should tell owners in advance that permission of the board is required to participate in board meetings, including a short explanation of why. Tell owners again, verbally, at the beginning of the meeting what they can and cannot do — When owners show up at a meeting of the board, explain the rule again at the beginning of the meeting, also telling unit owners how to seek permission to speak (i.e. raise your hand and obtain permission from the chair before speaking). If a unit owner violates the rule, the chair should immediately, in a polite but firm tone, remind the owner of the rule. Set aside a time for owners to speak under conditions set by the board — Include, as a regular agenda item, a time to hear comments from owners, notifying them of whatever limits the board wishes to place on those comments. When that agenda item is reached, repeat those limits verbally before allowing the first unit owner to speak. The limitations might include a time limit (three minutes is typical), a limit on the number of times an owner may speak, a caution against uncivil language and a statement that the board will not necessarily be taking up the complaint or the condition discussed by the owner at that meeting since they have their regular agenda to finish.

This practice is widely used by town selectmen and other municipal boards. I recommend it because it allows the board to become aware of issues it might not otherwise know about, while maintaining control over its own agenda. It can also serve as a “safety valve” for unhappy owners who at least get a chance, under controlled conditions, to make their concerns known. Adopt reasonable rules in response to problems that arise — The new amendments to the Condominium Act give the board latitude to adopt reasonable rules. Since the right to adopt these particular rules is given to the board by the Condominium Act, limitations on rule adoption found in the declaration or bylaws (i.e. that rules must be approved by unit owners) do not apply. The scope of rules that the board could adopt would vary according to circumstances. The board might reasonably determine, for instance, that the limitations inherent in conference call meetings justify limiting unit owner “attendance” at such meetings, especially if the board has prior experience with owners who cannot keep quiet. The board might also be acting reasonably if, based on prior experience, it adopted a rule saying that discussion of particular issues could be recessed to a private place, excluding owners, if the owners were so disruptive that the board could not otherwise conduct its business. CM Joseph G. Carlton, Jr. is an attorney with an office in Wells, Maine. A frequent chapter speaker and author, he is also a former member and chair of the Maine Legislative Action Committee (MELAC).

Rights of Association Members
Many owners and board members may be unaware that association members have no right to speak or otherwise participate in board meetings, except by permission of the board itself. This is not changed by the 2011 amendments to the Condominium Act. Most unit owners are members of the condominium association and therefore have full rights to speak at the annual meetings of owners, but they are not members of the board and therefore have no rights to participate in board meetings, except at the invitation of the board.

Guidelines for Productive Board Meetings
Consider the physical configuration of the meeting room — Board members should be separated from non-board owners. Typically the board would sit around a table, with chairs set up away from that table for unit owners. Do not allow non-

CONDO MEDIA • JANUARY 2012

Condo Media - January 2012

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