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Is Board Member out of order?


dbpc2000

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Our HOA Board has a situation where a member (resident) is threatening a law suit. We have already been to mandatory (by the State Statues) mediation.

If a board member brings up something the presiding officer believes violates attorney client privilege can they call the member out of order?

If not, is there another way to stop this member and conversation and move on?

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Our HOA Board has a situation where a member (resident) is threatening a law suit. We have already been to mandatory (by the State Statues) mediation.

If a board member brings up something the presiding officer believes violates attorney client privilege can they call the member out of order?

No. It is not out of order to discuss the matter. It might be advisable to discuss the matter in executive session.

If not, is there another way to stop this member and conversation and move on?

Ask him nicely not to prior to the meeting.

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If a board member brings up something the presiding officer believes violates attorney client privilege can they call the member out of order?

I doubt the board is acting as anyone's attorney, but I'll leave that legal matter to others. As far as RONR is concerned, I don't see grounds for ruling the member or his topic out of order. However, any member can raise a point of order, if he believes a rules has been violated, and it will be for the chair and ultimately the assembly to decide.

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