Open Board Meeting Violations

You might suggest that all board members meet with your HOA attorney who in turn can stress the importance of following the law. Sometimes hearing it from someone outside the association will finally get the point across. I understand your concern because you as a fellow board member do not possibly want to get caught up in potentially not following the law.

If they continue to not follow the law then unfortunately after being told numerous times and given every opportunity, about the only other potential recourse would be removal and replacement of said board members by the association members.

This is an area that seems to differ from state to state and also depends on the wording of the bylaws. Our bylaws say " all meetings of the association" are open to the owners but does not specify regular board meetings which we don't consider a meeting of the "association". Our board meetings are not open to the owners although they may attend if they wish.
State law now allows decisions to be made in writing outside of board meetings if all board members sign.
I would think that all decisions should be added to the minutes at the next board meeting.
We also do approvals by email as long as a majority of board members respond with an approval.
The board should have at least given you an explanation when you brought up the issue.

Hi Carri:

Any items with regards to ARC potentially would not be considered "board meeting" and have same standards. I actually would recommend that you set up a separate ARC committee which the board then oversees. The reason is this committee would have initial approvals, but if there was any conflict the board then has ultimate power and is an avenue to pursue and review said conflict. It is potentially a more prudent approach.

Here's my issue with this "Open Meeting" where ALL HOA business is to occurr/discuss. The BOARD and it's officers were elected on the behalf of the general membership to represent them on DAILY business of the HOA so they wouldn't have to. I stress DAILY business because everyday a new issue arises, an old issue is resolved, enforcement conducted, routine bills paid, investigation into resolutions, collections, review/gathering bids for contractors, and a ton of little bits of business that has to be addressed ASAP. Do you think your board needs to say "We have to wait for our 1-2 hour meeting once a month to conduct business?"

Let the board do their job, and then go to the meeting to openly discuss what they are doing and where the money needs to go in their opinion. I agree they shouldn't be approving major issues over the phone/email. However, in issues where it's in routine or within their scope of work, I see no problem with it as long as they bring it up at the OPEN meeting.

I just don't get how people think their board is supposed to have answers for them AND get the HOA business done ONLY at a designated meeting? Honestly, can your board be trusted enough to conduct business amongst themselves without some kind of "conspiracy theory" behind it? I'd rather have a board at my meetings on the same page presenting information to the owner's than one that is still discussing matters AT the meeting.

If it were me, I'd request if money is to be spent out of the routine budget (Insurance, electricity, lawncare etc..) then they should wait until the meeting. Otherwise, let some business get conducted before reaching for the rule book...

Carri, if you have a PM, s/he might be able to explain the open meeting requirements to the board. Otherwise, I agree that your HOA attorney should do it.

How many lots/units in your HOA? Detached homes? Or?

If you do have a PM, your gov. docs probably give her/him the authority to make daily operational decisions (re: Melissa's remarks). But decisions for purchases (say over $250 or $500), on proposals, budgets, and about policy should be made by the board, as you argue, in an open meeting per your state laws.

I agree with Janet's suggestion that your HOA have an ARC that's separate from the board but, of course, accountable to it. If the ARC, though, comprises a majority of directors (2 in your case), its meetings would probably need to be open to Owners. They would in Calif. This could be burdensome as much ARC work is done online in our HOA. Its members aren't directors.

Our Finance Committee meetings comprise 3 directors, the chair is our treasurer. I, as prez usually attend, so those meetings (board of 7) always are duly noticed so that Owners can attend if they wish (none have in 3 years!).

Our Social and Landscape Committees have annual budgets so don't need board approval for much of anything unless major, e.g., they want to take out a common area tree. They both stay within their board-approved budgets each year.