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discussion at a HOA meeting regarding those in litigation with the association


Guest BAf

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At a Condo Association general meeting, is it appropriate, ethical or legal to discuss financial issues regarding a homeowner if the are or are not at the meeting.  If this issue is in litigation between lawyers of the association and homeowner, is it appropriate to discuss this with the entire membership?

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8 minutes ago, Transpower said:

Discussion would only be appropriate if there is a motion on the floor.  Do you have a specific motion in mind to bring to the assembly?

I agree that Transpower has stated the general rule, but there are exceptions.  For example, if reference to the lawsuit is contained in a report of a committee or officer, questions about the subject matter of the report might be in order.  It would also be in order go go into the committee of the whole to discuss a subject even though no motion is pending.  Finally, the rules could be suspended to permit discussion of a subject even though there is no pending motion to consider.

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Guest Who's Coming to Dinner
11 hours ago, Guest BAf said:

At a Condo Association general meeting, is it appropriate, ethical or legal to discuss financial issues regarding a homeowner if the are or are not at the meeting.  If this issue is in litigation between lawyers of the association and homeowner, is it appropriate to discuss this with the entire membership?

Unless you have properly suspended or expelled this member, (s)he has a right to be present and to participate at a meeting of the association. Whether you should keep the matter close to your vest is a question outside the scope of the rules of order. However, I can tell you that you cannot suppress the subject if the assembled members wish to bring it up unless the bylaws give the board and/or officers exclusive control over such matters.

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