Every community has a few owners who are deeply involved. Some attend every meeting, question every decision, and weigh in on committee work that is not theirs to manage. Many of these owners care about the community and want to be heard. Others can drain the board's time and energy. Either way, a calm and consistent approach usually works better than a cease-and-desist letter or a lawsuit.
This article is general information and is not legal advice. The association's attorney should be consulted.
Keep a Professional Tone
Owners may become angry or emotional, but board members and managers should stay calm and courteous. That does not mean any director must accept abuse. If a civil conversation is not possible, it may be ended politely and continued in writing.
Other habits help:
- Promises should be made only when they can be kept. If the association says it will do something, it should follow through or explain why it did not.
- Personalities should be set aside. Each decision should be one the board would make whether the owner is a close friend or the most frequent complainer.
- Board members should not receive special treatment. A complaint against a director is handled the same way as a complaint against any owner, and that director should step out of the decision.
- Transparency should be the default. When owners feel decisions are made in secret, they assume the worst. Privacy rules should still be respected.
Put the Owner's Energy to Work
An involved owner can often become part of the solution. If the person's skills and temperament fit, an invitation to join a committee or lead a project may redirect that energy. When an owner raises a concern, a written proposal can be requested, along with an offer to help carry it out.
A private, low-key meeting with the owner can also help. If the concerns are valid, this setting encourages a cooperative answer. If the owner's goal is an audience, a private meeting removes it. If the owner declines to meet, communication can be moved to writing.
Set Ground Rules for Meetings
A skilled chair can keep one person from dominating a meeting. Ground rules should be adopted in writing and shared in advance.
Florida law gives owners a right to speak at board meetings, but it also allows reasonable limits. Under section 720.303(2)(b) for homeowners associations, members may speak on all designated agenda items, and the association may adopt written reasonable rules governing the frequency, duration, and manner of member statements, including a sign-up sheet. Section 718.112(2)(c) gives condominium owners a similar right to speak on designated agenda items and allows similar written rules. Questions can also be requested in advance.
More ideas can be found in
6 HOA board meeting best practices.
Know Which Meetings Must Be Open
Closing a committee meeting is not always an option in Florida.
- Homeowners associations. Under section 720.303(2)(a), the open meeting rules for board meetings also apply to meetings of any committee or similar body when a final decision will be made about spending association funds, and to any body that approves or disapproves architectural decisions for a specific parcel.
- Condominiums. Under section 718.112(2)(c), meetings of a committee that takes final action on behalf of the board or makes recommendations about the budget are subject to the open meeting rules. Other committee meetings are also covered unless the bylaws exempt them.
Where a committee's meetings are not required to be open, minutes can be shared afterward. The bylaws and statutes should be checked with counsel before any meeting is closed.
Follow the Rules When Enforcement Is Needed
When an owner's conduct breaks a rule, enforcement must follow the governing documents and Florida law. A fine or suspension cannot be imposed without at least 14 days' written notice and an opportunity for a hearing before an independent committee, under sections 720.305 and 718.303. Counsel should confirm that the documents allow fines and that the amount is authorized. Skipped steps, such as a meeting held without proper notice, can leave a decision open to challenge. The process is explained in
how to properly handle HOA violation notices.
Legal action and security costs are paid by the association and may or may not be recoverable from the owner. Even when they are, charging them can deepen the conflict, so the decision should be weighed carefully. Mediation is often a better first step.
Protect the Board From Burnout
Difficult owners take time away from the board's other work, and repeated conflict can discourage good volunteers from serving. Sharing the load with a manager and keeping replies short and factual help the board stay focused.
Help With Difficult Owners
Owner communication, meeting support, and enforcement steps are handled for the communities managed by Condominium Associates. To talk through a situation in your community,
contact us.
