Q: Is it appropriate for board members to use homeowner time to make speeches? We have a board member who likes to do that — often disparaging owners who have different opinions from hers. — A.M., San Diego

A: Open forum is not the time for the board members to talk, but is their time to LISTEN. They should be noting any questions or action items that need to be answered or directed to management or a committee. The Open Meeting Act prohibits directors from discussing (or orating) on matters not disclosed on the agenda, per Civil Code Section 4930(a).

However, subparts (b) and (c) of Section 4930 allow directors to answer questions or request matters be referred to management, staff, or a committee, which should happen AFTER open forum ends. Board members who abuse open forum by interrupting members cannot fairly insist that homeowners in the audience not interrupt board deliberations.

Finally, it’s bad form to use one’s board seat as a platform to bully or criticize other members. Sounds like someone should gently rein this person in a bit.

Q: In an attempt to make board meetings brief, they have taken to voting the “consent calendar” as one agenda item, without any prior members’ knowledge, discussion or even speaking the items on it. This month these include: approve the minutes; acknowledgement that board members have reviewed the financials; treasurer’s report; and manager’s report.

These reports are provided to the board by the treasurer and manager prior to the meeting. They are then adopted by the Board at the meeting always without discussion or disclosure of the contents. The reports are then attached as separate PDFs to the minutes of the meeting which are provided to the members a few days after the meeting. Should not these reports be seen by the members before the Board votes on them? How can this square with the open meeting rules or intent? — R.S., Solana Beach

A: Consent calendars are a powerful tool to dispose of items not expected to require any discussion – such as the items you list- in one quick vote without deliberation.

The consent calendar items still must be listed on the posted agenda, and any director can without explanation ask for an item to be removed and handled as a separate motion. Since consent calendar items are not discussed, it is another reason to conduct open forum at the beginning of the meeting.

However, reports the board receives in their “board packets” are not normally shared with the rest of the HOA unless those reports are accepted and added to the minutes. Sometimes the board packet has confidential information such as multiple bid proposals, or incident reports, or delinquency lists, which should not be shared with the community at large.

Consent calendars are valuable because they preserve time and energy for the items which might be controversial and need board focus. Even the smallest HOAs would benefit from their use. One caution – don’t overuse consent calendars as a technique to avoid discussing matters which are not truly routine or non-controversial, because that can quickly destroy a board’s credibility. Nothing is more important than the HOA’s trust in their board.

Richardson, Esq. is a fellow of the College of Community Association Lawyers and partner of Richardson Ober LLP, a California law firm known for community association advice. Submit column questions to kelly@roattorneys.com.