For almost two decades, I’ve attended and run contentious meetings for associations. Whether they involve contested elections, recall meetings, or hotly disputed special assessment votes, these meetings can easily devolve into bitter personal fights. Tempers run high, feelings are hurt, while little is accomplished. Along the way, I’ve learned a few things and developed practices that help keep the peace. Here are some of them.
Start with Clear Rules and Enforce Them from the Beginning
The chair sets the tone in the first minutes of the meeting. The chair should begin by clearly explaining how he or she will run the meeting. Owners should understand the agenda, when they will be allowed to speak, and how long they will have. When I chair meetings, I explain what the time limits are and that they are necessary because, without them, meetings can drag on. I also warn that if someone exceeds their time, I will politely cut them off—not for personal reasons, but to keep the meeting moving.
It falls to the chair to enforce the rules firmly and uniformly. Setting expectations at the beginning prepares the participants and strengthens the chair’s resolve to follow through. When I have failed to explain the rules at the outset, owners are often surprised when those rules are enforced, and they feel the rules are arbitrary or that they are being singled out.
Set Expectations for Professional Conduct
The chair should also explain meeting etiquette at the beginning of the meeting. The discussion should remain focused on issues rather than personalities. Owners can express opinions without making them personal. Meetings become unmanageable not simply because people disagree, but because disagreement turns into inflammatory speech or personal attacks. The chair should make clear that name-calling and personal attacks are not allowed.
Clarify the Voting Process Before Discussion Begins
The chair should explain the voting threshold and procedures at the beginning of the meeting. Owners should never be left guessing how a decision will be made while discussion is underway. Before debate begins, the chair should read the motion that the owners are being asked to voted on, who is eligible to vote, how the vote will be conducted, and what threshold is required for approval. The chair should also identify the governing document or legal provision that establishes the voting threshold and clarify whether the threshold is based on all owners, those present, or those voting. When procedures are clear in advance, participants can focus on substance rather than process.
Transparency in Voting on Contested Issues
When a vote is contested or likely to be closely scrutinized, careful thought should be given to ensuring transparency. Win or lose, owners are more likely to accept the outcome if they believe the process was fair and transparent.
The chair should explain the voting procedures, including if votes are weighted, how ballots will be collected, how votes will be counted, and how results will be communicated.
Where permitted by governing documents and law, my preference is a roll-call vote. While it takes more time, it is highly transparent because each member can see how others voted. Roll-call voting is especially useful in “hybrid meetings” that is meetings conducted both online and in person, since eliminates any concerns about using technology or whether the a vote was received. For added transparency, I often display a spreadsheet where I or a facilitator logs the voting in real time, which allows owners to see that the vote is correctly recorded and tallied as they are cast.
The Bottom Line
Disagreements are an inevitable part of life in a homeowners’ association. But when the chair sets out clear rules, enforces those rules consistently and respectfully, and conducts the voting using a transparent and well-understood process, even difficult meetings can proceed in a way that reduces unnecessary conflict and builds trust in the outcome.