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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102143
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hoa condo of 66 owners. 3 owners on board. same member each

Customer Question

hoa condo of 66 owners. 3 owners on board. same member each meeting one owner exceeds the rule of 5 minutes for discussion each meeting. she then rambles for 30 minutes berating the president and will not stop.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What is your position? Are you an officer?

2) Do the HOA's declaration or bylaws state what is to happen if a party breaks parliamentary procedure as established by the HOA?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
answer to ELY questions, I am the president of hoa
hoa declaration does not define any procedure for those members who violate out 5 minutes for questions.
Expert:  Ely replied 1 year ago.

Thank you.

At this point, the person that runs the meeting can ask the person going on the rant to stop, and can even eject the person from the meeting if they become belligerent.

However, it is best to add this into the bylaws. The HOA can effectually create parliamentary procedures via bylaws, and as long as they do not contradict statutory law, they may be enforced. CA allows the HOAs to run meetings generally as they see fit.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!