Disruptive board meetings are no longer rare. Across California, volunteer board members are increasingly facing hostile outbursts, personal attacks, and even physical intimidation. These incidents aren’t just uncomfortable – they can halt association business, deter future volunteers, and expose the HOA to serious legal and safety risks.
But your board is not powerless. California law provides clear authority to regulate meeting behavior and preserve order. In this article, we’ll walk you through what the law allows, practical tools your HOA can adopt today, and how our firm can support your efforts – from drafting enforceable policies to guiding enforcement.
Whether you’re facing minor incivility or major disruption, this guide is designed to protect your meetings – and the people running them.
The Problem: When “Passionate” Becomes Problematic
Board meetings are supposed to be a forum for transparent governance and civil discourse. But in reality, they often become lightning rods for homeowner frustration.
While frustration over repairs or dues may be understandable, it crosses the line when it turns into shouting, threats, or refusal to follow basic decorum. These situations create legal and logistical headaches for board members, community managers, and even other residents.
Unfortunately, many boards feel powerless to intervene out of fear of violating owner rights or acting beyond their authority. That’s where a solid understanding of the law—and the tools available under it—can make all the difference.
What the Law Says: Your Authority to Maintain Order
Under California Civil Code § 4925 (part of the Davis-Stirling Act), homeowners have the right to attend and speak at board meetings. However, this right is not absolute—and it does not entitle anyone to disrupt the meeting or endanger the safety of others.
Boards are legally entitled to impose reasonable rules of order to ensure meetings are conducted efficiently and respectfully. This includes:
• Setting time limits on homeowner forum comments
• Restricting repetitive, irrelevant, or abusive speech
• Removing disruptive attendees in extreme cases
In cases of actual or threatened violence, Boards should also involve law enforcement to protect attendees or remove individuals refusing to leave.
Tools for Prevention and Control
Boards don’t need to wait for things to spiral out of control. The following tools can—and should—be implemented proactively to minimize risk:
1. Code of Conduct Policy: What It Is, How to Adopt It, and Why It Matters
A Code of Conduct is a board-adopted policy that sets clear behavioral expectations for all meeting participants—including homeowners, guests, and vendors. While not typically included in the CC&Rs or Bylaws, it carries legal authority when properly adopted as an operating rule under California law.
A typical Code of Conduct includes rules like:
• No interrupting speakers or talking out of turn
• No yelling, name-calling, or personal attacks
• No threats, intimidation, or physical aggression
• No unauthorized audio or video recordings (if prohibited by policy)
• Consequences for failure to comply (e.g., warnings, removal from meeting, possible fine or enforcement action)
This policy isn’t about limiting owner rights—it’s about preserving order and protecting the safety of everyone in attendance.
Under Civil Code §§ 4340–4370, associations may adopt “operating rules” so long as the rule is:
• Within the board’s authority,
• Consistent with governing documents and applicable law, and
• Reasonably related to a legitimate purpose (such as meeting management and safety).
To adopt a Code of Conduct as an operating rule:
• Draft the proposed policy, ideally with input from legal counsel.
• Distribute the policy to the membership for a 28-day comment period, as required by Civil Code § 4360(a).
• Formally adopt the rule by board resolution at an open meeting after considering any member comments.
Once adopted, the Code of Conduct becomes enforceable like any other Association rule. It provides a clear standard that the board can rely on if behavioral issues arise.
2. Meeting Rules and Chairperson Authority
Beyond the Code of Conduct, boards may adopt meeting procedures that clarify:-
• Time limits for homeowner forum comments
• Who may speak and when
• When and how disruptive individuals may be warned or removed
These procedures should be written and distributed along with the agenda to ensure transparency and compliance. The board president or meeting chair has authority to enforce these procedures and may recess or adjourn meetings that cannot be conducted in a safe and orderly manner.
3. Enforcement Proceedings for Repeat Offenders
If a homeowner repeatedly violates conduct rules, the board may take further enforcement action through:-
• Warning letters
• Hearing notices under Civil Code § 5855
• Fines, if authorized by the governing documents
• Suspension of common area or meeting privileges, where permitted
4. Calling Law Enforcement (When Necessary)
While it’s a last resort, you can and should contact the police if a meeting becomes unsafe or if someone refuses to leave after being lawfully excluded for cause. This is particularly important if someone is making threats, blocking access, or escalating into physical confrontation.Conclusion: Practical Protection for Your Meetings
Volunteering on an HOA board should not mean tolerating abuse or chaos. California law gives your board the authority to set ground rules, enforce them, and remove disruptive individuals when needed. With the right policies and procedures, you can turn combative meetings into civil, productive ones.If your association is experiencing disruptions – or wants to proactively avoid them – our firm can help. We regularly assist boards in drafting enforceable Codes of Conduct, meeting rules, and enforcement procedures that hold up legally and protect your volunteers. Reach out today for a consultation or a review of your current policies.