HOA Greviance Committee Meetings

Hi Leo:

With regards to fines … I would say in essence NO. The following Chapter 720 statute describes this situation and makes no mention of open to members. Also, an individual in this type of circumstance is potentially to an extent protected by other State and Federal privacy laws. I would recommend only the members of the committee, witnesses if needed, homeowner(s), and whomever the homeowner(s) call as potential witnesses if needed.

 720.305Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—

 (a)A fine or suspension may not be imposed without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. If the association imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.

With regards to your overall question regarding most committees the following would apply with bold emphasis for committees:

 720.303Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.—

 (2)BOARD MEETINGS.—

 (a)A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. The provisions of this subsection shall also apply to the meetings of any committee or other similar body when a final decision will be made regarding the expenditure of association funds and to meetings of any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

Where approval for expenditure of association funds or for architectural decisions regarding homeowner property, said committee MUST be open to all members. Again, EXCEPTIONS would be any meetings regarding items such as attorney-client privilege or personal privacy protection.