Electronic Community Scheme meetings using such platforms such as Skype, Zoom or Microsoft Teams may still be preferred method of holding community scheme meetings for the foreseeable future, particularly while Lockdown Regulations continue. The difficulty that many owners have with such electronic platforms is the ability by the scheme executives to mute participants.
At any general meeting of owners, electronic or otherwise, participants cannot be allowed to speak out of turn thus creating a chaotic situation, and owners need to realise that they must first be recognized by the chair of the meeting before they speak. There needs to be decorum and order to any meeting, in order for the meeting to achieve its objectives.
With electronic meetings run on platforms such as Zoom / Microsoft Teams or Skype, muting and unmuting of participants is usually controlled by the chair of the meeting, and muting may be used to stop the meeting being hijacked by one or a group of owners with a particular agenda, or matters being raised that are not on the agenda.
It would be usual for an owner to expect to be unmuted at some stage during an open time of discussion on a particular topic. At this time the procedure should be for one to raise one’s hand, use the “raise hand” icon or send a text message on the forum provided, and wait for your chance to be allowed to speak when indicated to do so by the chair of the meeting. This is no different to a non-zoom meeting where an owner who wants to speak would be required to put up their hand, and upon being recognised by the chair of the meeting, they could have their say on a matter.
The alternative of allowing participants to unmute themselves is not workable, especially on Zoom meetings when only one participant at a time can be heard by the others. Chaos would ensue if participants could unmute themselves.
A Zoom meeting of owners or scheme executives should be recorded, so if any participant is of the opinion that they were not given opportunity to speak on a matter, they must declare a dispute at CSOS in terms of prayers for relief and the recording would be available for the CSOS to make an objective decision.
What about a complaint – “I was at the same meeting, “raised my hand” and was ignored”. Ideally this should never happen as it is the responsibility of the chair of the meeting to ensure that the meeting complies with the relevant governing legislation for the community scheme holding the meeting.
In sectional title schemes (and for an HOA scheme it should be no different) as found in PMR 18, the role of the chairperson is to maintain order, regulate the orderly expression of views and guide the members and other participants through the business of the meeting in accordance with the common law of meetings.
Additionally the chair must act fairly, impartially and courteously to all members and others entitled to attend the meeting, to ensure that all members and other persons entitled to speak are able to express their views without unnecessary disturbance or interruption; and settle disputes by giving rulings on points of order; and finally the chairperson must not attempt to influence members’ views on any item of business;
Participants, when they have the right to speak, should never just be ignored by the chair but should be dealt with in an orderly and efficient manner. The key to a successful meeting is transparency and fairness.
The chairperson, Managing Agent, scheme executives and the owners, all have a duty to have spent time prior to the meeting going through the agenda, the financials, and the resolutions to be discussed and voted on, and to arrive at the meeting prepared to answer queries and questions that may be raised. This will ensure that matters can be dealt with swiftly and completely, with the minimum opportunity for the meeting to become unruly. The scheme executives may even allow the submission of written questions to the scheme executives in advance of the meeting to facilitate an orderly, well-run meeting.
