All Board meetings open to all members?

Started by BonnieG1 • 6 replies • 1818 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Our President thinks that we only need to post our Monthly Board Meeting. We have had special meetings between meetings that haven't been posted. I am the Secretary and was told I do not need to publish the special Board Meeting notes for all members. I think all Board Meetings should be posted unless we are dealing with confidential information.
There have been times when members have been very rude, that is why our President doesn't want the special meetings posted.
Any help or ideas on this is appreciated. Thanks

DavidA7 (California)
Posts: 179

Posted:

I don't know the law is in Nebraska but in California all meetings, except under certain circumstances, must be open meetings. Additionally, all meeting agenda's must be posted within X number of days in the common area. As far as posting meeting notes you may not have to but they must be submitted into record and can be viewed upon request of a Homeowner.

I would also ask your President what is legal basis is he basing his reasoning. Just saying someone is rude is no reason to not have an open meeting or posting of records.

If in regards to someone being rude you can may be able to limit their time addressing the Board to the timeframe required in the open discussion portion of the meeting. Otherwise, they may not hve right to talk directly to the Board during other times of the meeting. If they become rude or disruptive during the other times they can be removed from the meeting. If they become abusive, like using foul language, you may also have grounds for them being removed from the meeting.

I would consult your governing documents on the subject as well as any applicable laws that pertain to HOA in your state.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Bonnie,

If your required to post regular board meetings then you would probably be required to post special board meetings unless they are executive sessions or your governing documents or State law says otherwise.

Typically when Board meetings must be published, committee meetings must also be published.

Are you a condominium development or single family home HOA?

Tim

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

We are a condominium of 43 units.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Bonnie,

I saw nothing within Nebraska Condominium Property Act! requiring notice of Board meetings to members.

With the expectation that your Association is incorporated as a non-profit corporation in Nebraska, the following Nebraska Corporate code would apply:
Nebraska Nonprofit Corporation Act (scroll down to 21-1901 to 21-19,177)

Looking at the corporate code, Nebraska 21-1982 discusses notice of meetings to the Directors, Nebraska 21-1985 discusses committee meetings. However, and I could have missed it, I could find nothing about a requirement to inform the membership about Board or committee meetings.

If there is nothing within the State laws requiring notice, then it would depend on your Associations governing documents and how they address any notice requirement.

Note: if you are publishing the meetings for the sake of the Directors and not necessarily for the membership, then State Law does require notification. See section 21-1982 of the corporation code (like above).

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

Board meetings are open, but that does not mean that anyone attending can partake in the meeting. Usually the presiding officer will acknowledge someone and then that person can speak at a board meeting.

Your president should bone up on how to run a meeting.

JeanI (Louisiana)
Posts: 112

Posted:

Please refer to your legal documents. Your bylaws should specify as to whether or not all board meetings are open to the membership. JI

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here