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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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We have a member of our HOA who is very disruptive in our

Customer Question

We have a member of our HOA who is very disruptive in our Board meeting. This past meeting, he was called out of order several times, but kept talking. After many attempts to get him to cease his behavior, the Board made and passed a motion, unanimously
for him to leave the meeting, and he refused. We did not want anyone to get physical with him-so he stayed. We (the Board) would like to prevent him from attending regular Board meetings of the association, but allow him to attend our annual membership meeting.
Can we legally do this? The State is Pennsylvania
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. I am a licensed Pennsylvania professional and will be happy to assist you with your concerns.

If I may ask, are the 'regular' meetings open to the public? Can members vote at these meetings, or just the Board?

Customer: replied 1 year ago.
These meetings are open to all members. The Board votes, sometimes with member's input. On occasion, we may ask for a straw vote from the members that does not count for anything, but sometimes gives the Board and idea of what they are thinking. At the Annual Meeting, the members vote to approve the budget, vote on any vacant positions open on the Board, and to indemnify the Board.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hmm, here is the problem, if the meetings are open to all, then all members are permitted to appear especially if that person is able to vote. Now, if this is a 'closed' meeting or a meeting that is slated for specific members and the general body does not vote, you are free to limit attendance. Otherwise, you can offer that person a right to proxy his vote but if you designate the meetings as 'open' all parties are able to attend UNLESS there is a court order (a restraining order) barring access. You can legally under PA law make your meetings invitation only and not invite him, other than to the annual meeting, however.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Members are only allowed to vote at the Annual Meeting. Are you referring to the straw vote? Our By-Laws do not allow for proxy votes.
Expert:  Dimitry K., Esq. replied 1 year ago.

Oh, I see, I misunderstood. I though the members are permitted to vote at the meetings and not just the annual meeting. In that case my answer still stands--as this is a meeting that can be made 'private', you can make it by invitation only and not invite him to the meeting. If he appears you can state that he is trespassing and arrest him for appearing.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
I would like to ask you another question and pay for it, but if I submit a question, how do I connect with you?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

It is fairly easy to find me again. Simply start your new question "For Dimitry..." and I will be notified that you are seeking me out. I happen to be the only Dimitry on this site, so it is assured that I will be the one answering your question.

Good luck to you and please take care!

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Question sent identified "for Dimitry only." Hope it works
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

I received the question and I responded to it. Good luck to you and to your HOA. Please let me know if I can ever help assist you again. Otherwise kindly do not forget to positively rate, thank you!

Sincerely,

Dimitry, Esq.

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