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MarilynN1 (Michigan)
Posts: 30
Posted:
Transparency ...yes..the Golden Rule for a HOA and Board of Directors!

Our meetings are open to the co-owners for the first 15 minutes. They are allowed to speak,listen, ask questions on fiance, anything, read a letter they have written, etc. After 15 minutes are up they then have to leave. This has been the policy for many years. We are now a new Board following the same policy. After they leave we discuss co-owners that are not paying dues, liens, fines, etc. They have decided not to embarrass these non-paying co-owners in a open meeting as some are trying to make payments a little at a time.
Frankly, I think our meetings should be open to the co-owners for the entire meeting. Close the meeting and then open it again for public speaking.
My question is.....when do we discuss non-paying co-owners if we did make the meetings open?

What do you do at your monthly Board meetings?

Thank you so much for this forum!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarilynN1 on 09/06/2013 7:27 PM

My question is.....when do we discuss non-paying co-owners if we did make the meetings open?

We discuss delinquent accounts without mentioning the Lot number or the members name.

The treasurers report gives some detail: x lots 30 days behind, x lots 60 days, etc.
Unless the Board is considering escalating collection actions by sending the issue to the attorney, there is no need to discuss anything about the delinquent accounts and no need for the other Board members to know who specifically is behind. Until that happens, the Treasurer will simply follow the Associations written collection policy.

If an owner wants to discuss waiving fines or entering a payment plan, the Board enters into executive session.

Now I should mention that we typically don't have that many owners showing up to Board meetings. Additionally, we don't have that big of a delinquency rate. This year we had 1 lot get to the point of having to consider escalating collection efforts (which occurs after 120 days) and once they knew the board was considering this (as they were invited to the meeting) they paid in full.

Our policy is:

30 days late - written notice
60 days late - second written notice
90 days late - third written notice sent by certified mail
120 days late - item placed on agenda and member invited to attend meeting to discuss the issue (but they are not required to attend).

JeanneK3 (Maryland)
Posts: 562
Posted:
Marilyn:
In Maryland all board meetings must be open except for when delinquencies or other matters of a personal nature (specified in the Condo Act) are discussed. Since we have few delinquencies, this means the meeting is closed for about 15 minutes at the end. All homeowners have a right to be there for everything else.
Jeanne
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Marilyn:

My advice and preferred method is as others have said.

Prior to the BOD Meeting convening there is an open session where members can comment, ask questions (not always answered), make suggestions, etc.

Once the meeting commences, members can only observe. They cannot comment unless asked to do so by the BOD.

Unpaid dues are discussed in general as part of the meeting. How many, what is owed, actions being taken, etc. No identification is given so nothing is confidential.

If confidential/legal information is to be discussed it is saved for the end of the meeting and the BOD goes into an Executive Session. Members are not allowed to attend the Executive Session.

Hope this helps.

MarilynN1 (Michigan)
Posts: 30
Posted:
I wonder what percentage of HOA meetings are totally open? Just a "ball park" number.
Are we in the minority?
TimB4 (Tennessee)
Posts: 21,059
Posted:
I think that at one time, it is likely that most Board meetings were closed.
However, as more and more States are adopting open meeting requirements, that the practice is reversing and there are more open meetings than closed.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MarilynN1 on 09/07/2013 6:20 AM
I wonder what percentage of HOA meetings are totally open? Just a "ball park" number.
Are we in the minority?

There has also been a running argument/discussion as to what constitutes a meeting. Most docs call for an open to all owners Annual Meeting and nothing else.

Some say the BOD gathering to discuss issues might only be a working session, not a meeting especially if no motions are made nor votes taken.

I say an "open" BOD will set up specific meeting times, notify all of such, and those meetings shall be open to all. I also say the BOD could have work sessions as required and not have to be open to all. Anyone that thinks BOD Members do not have off the record discussions does not know how "real life" business operates.

I am for being open but let us not be foolish about how business is done.

SharonH9 (Virginia)
Posts: 216
Posted:
Quote:
Posted By MarilynN1 on 09/07/2013 6:20 AM
I wonder what percentage of HOA meetings are totally open? Just a "ball park" number.
Are we in the minority?

Iowa has no open meetings law except for an annual meeting.
GnomeX (Washington)
Posts: 253
Posted:
Quote:
Posted By MarilynN1 on 09/07/2013 6:20 AM
I wonder what percentage of HOA meetings are totally open? Just a "ball park" number.
Are we in the minority?

Ours currently are totally open. Prior Boards in the past were not.

Our current Board actually follows the Washington State HOA Act.

Association meetings — Notice — Board of directors.

"Except as provided in this subsection, all meetings of the board of directors shall be open for observation by all owners of record and their authorized agents."

AllisonD (Florida)
Posts: 449
Posted:
In Florida, all meetings are open with the exception of meetings where homeowners facing legal action for nonpayment of dues and other issues that involve our attorney, and I believe also issues regarding association employees.

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