Does Your Association Need a Civility Policy?

Are your Florida community association board meetings becoming free-for-alls? Are there insults and attacks being exchanged at your member meetings? Has the world become a less kind place, even in a homeowners’ association meeting? Can’t we all just get along?

If these problems seem familiar, your community association board of directors may need to consider adopting a civility policy — a policy governing conduct at board and member meetings. Florida’s condominium, homeowners’ association, and residential cooperative statutes all require meetings of the board of directors to be open to all unit owners/members (with limited exceptions). All of those statutes provide that a member’s right to attend the meeting includes the right to speak at the meeting with reference to all designated agenda items. The condominium statute further states that at least four times a year, the board meeting agenda must include an opportunity for members to ask questions of the board. See Sect. 718.112(2)(c), Fla. Stat.

While most community association board meetings must be conducted openly and members are allowed to speak with reference to meeting agenda items, sometimes meetings can devolve into screaming matches. Community association boards of directors should seek guidance and training from legal counsel about how to properly conduct board meetings. But even so, it may be necessary for the board to adopt a written policy regarding the manner in which persons attending the meetings must conduct themselves.

All three community association statutes allow associations to adopt reasonable written rules governing the frequency, duration, and manner of unit owner statements. A policy governing conduct at board and member meetings may be the ticket to a calmer, more civilized meeting.

Not only can the policy limit the duration of member comments, but it may also require all attendees to, for example, speak only when recognized by the chair; treat all others with respect; refrain from personal attacks or abusive, foul, or disrespectful language; and refrain from repetitive or cumulative comments. Those who violate the policy (even board members) are directed to leave the meeting until they are able to regain their composure, cease being disruptive, and observe the policy. Some associations are forced to retain law enforcement to attend the meetings to help enforce the policy and remove violators.

You are entitled to civil association meetings. A written civility policy leaves no question as to the expected conduct of all attendees, and the expected consequences of violating the policy. Speak with your association attorney if you think that your association may need one of these policies.