Occasionally, I receive a call from a board or manager in distress after facing an aggressive homeowner who has interrupted a board meeting or hijacked an association meeting. You know the type: the owner who cites the law chapter and verse (not realizing it is the wrong statute), stands in front of the board clamoring about kickbacks and payoffs, or rudely refuses to relinquish the floor railing on about her right to free speech under the First Amendment (not realizing the First Amendment doesn't apply to private organizations).

Here are some of the specific questions I've received on this topic:

Can a board stop a homeowner from speaking? Homeowners ordinarily do not have a right to actively participate in board meetings regardless of their intent or demeanor. Homeowners should be passive observers (unless an association puts on the agenda an "open homeowner forum" or invites owners to engage with the board either before or after the formal board meeting has commenced or adjourned). Association-wide meetings are another story, as owners are often active participants (either by nominating, voting, or discussing issues).

Regardless of the type of meeting, the first step would be to follow Roberts Rules of Order and ensure the owner has been given permission to speak from the Chair. If not, then the Chair should politely ask the owner to respect the process, the board members and his or her neighbors by adhering to the preset guidelines for the meeting. Meeting agendas should set forth specific time limitations for agenda items, as well as individual homeowner input.

Can the owner be removed from the meeting? For owners who refuse to follow the meeting guidelines or Roberts Rules of Order, a Chair has authority to demand that the owner exit the meeting (whether board or association meeting).

What if the owner refuses to leave, can we call the police? It is not unheard of for Chairs or managers to call the police to forcibly remove an owner from a board or association meeting. The police may or may not intervene, depending upon the forum (private or public property), level of aggressiveness and demeanor of the owner, and particular police agency. Without an active no-contact, anti-harassment or trespass order in place, and without danger of bodily harm, the police may take the position it is a civil matter that bars their involvement.

What about insistent owners who habitually interrupt meetings? For owners who systematically interrupt the process, a board or manager can hire a private security guard. There are inherent risks to an association that takes this tack, especially if the security person touches the owner. Alternatively, under extreme circumstances, individual board members may be able to obtain a no-contact or anti-harassment order against the offending owner. Only individuals, and not the corporate legal entity, can obtain such orders. If the owner then violates the order, he or she could be arrested by the police. It is unlikely a board could trespass a homeowner from either a board or association meeting.

Responding to troublesome homeowners is a challenging aspect of community association governance. Due to the legal risks involved, it may be best to contact the association's legal counsel, as the answer may be as widely varied as the particular circumstances and personalities involved.