Open meetings

Just one question for people familiar with South Carolina are all HOA's required to have open meetings of BOD? Is it allowed for any member to be able to observe? and be notified? (none of the BOD meetings in my HOA have been announced to the membership in the last 2 years).

Emma,

If I recall correctly you are living in a single family home community and not in a condominium.

SC does not have HOA laws.
IF your association is incorporated, Corporate laws would apply, typically the SOUTH CAROLINA NONPROFIT CORPORATION ACT, but check to be sure.

That statute does not require open board meetings. Therefore, unless your own governing documents require open board meetings, the answer to your question would be no.

EmmaH1,

S.C. corporate does NOT require open BOD meetings.

Thanks,
I'm going to re-read the Bylaws again, just to make sure there is not a requirement for open meetings in them. (I doubt it since these are the very ones that created the Bylaws themselves).

Iowa does not require open meetings either per Iowa's nonprofit code but there are provisions in the code that allow members to request documents and minutes of board meetings. They must be provided within 10 days of the request. My HOA board has consistently ignored requests from me for minutes until I paid an attorney for some advice on the issue. My attorney said to send them a copy of the Iowa nonprofit code where it states that if documents are not provided to the member within 10 days of the request, the nonprofit will be responsible to pay the members costs associated with the request. This would mean paying the members attorney fees and if the issue were to go to court all of those costs associated with court. They still push the envelope and provide me documents only after I remind them of the law. Then the president comes through with a year's worth of board minutes.

What really annoys me is that I requested to be in attendance at board meetings and was denied access yet a couple of board members wives consistently attend. One of them takes an active role in board business. At annual meetings she constantly chimes in when asked questions. She is rude and condescending.

I have posted on this forum before, that I plan to keep the issue on my legislator's radar. Open meetings is little to ask to provide some openness, transparency, and accountability.

Our community bylaws state that "all meeting of the board shall be open to all voting members, but voting members other than directors may not participate....."

Apparently our board chooses not to open the meetings since when people have asked to attend there is never a response.

Not worth the expense to fight in court. Many owners are hoping for and working at a turnover of the board. I believe, as many, the future is here.

I am going to suggest meeting be open because If I am allowed to attend I will then be able to advise some others if I feel what is being contemplated will be good for the community. Our BOD is secretive and they like it that way thus people show up to the annual meeting with that "deer in the headlights look". I want to change that!

Emma,

Your community sounds a lot like mine. My community is very small and we have several part-time summer owners. It's a real mix of personalities in my neighborhood. The summer owners tend to be wealthier and more assertive than the year round owners. I'm about the only year round resident who ever asks questions. The others just don't choose to participate. They just pay their assessments and don't give it another thought. What they don't understand is that the current board is notorious for selective enforcement. Owners don't all pay the same amount. The board picks and chooses who pays and what they pay. It's maddening!!!

I wish you luck in making changes.

Heck no, Emma, I didn't know you were talking about meetings of the members. Do check your bylaws just in case....

If you can figure out where and when a board meeting is, MikeL, why not gather a few others an dust show up??

I didn't realize SC is not required to have open HOA meeting for standalone houses.

Emma

In two recent post you have thrown out the words Nazi and Fascist. I suggest you look up "playing the Nazi card". Stop with derail the argument cards. Stick to the facts.

JohnC, Where I reside these are facts, and it is sad and unfortunate. I did not say all HOA's are run this way. If you read my other posts you would know that. I have many friends that live here in SC and they do not experience what we have had happen here. I realize this is a extreme case, that is why I used extreme words. I'm sorry but telling me to stick to the facts an insinuating I'm not is wrong. You do not live here you do not know the facts. You should not judge. I am not trying to derail I am trying to get thing done right and legal. Sorry if I hit a nerve with you and hope their are no hard feeling, none felt by me. I don't hold grudges.

JohnC46,

Thanks for the tip on looking up "playing the nazi card" in the search bar. The chats/posts on that subject were filled with interesting debates and information. When I have time in the future I'll refer back to them to maybe gain some more knowledge and insight on that subject. From the post I had the time to read it appears some people are very passionate about the subject. There also seemed to be some credible advice if you happen to be unfortunate enough to live in one of "those" type of HOAs. Some people even specifically mentioned some resources that might be helpful to others who feel they are being taken advantage of by their BOD.

One woman from Kansas even helped get a law passed in her state! and was there when it was signed, amazing! It gave me inspiration to not give up. My quest is not to derail it is to make better for all.

I plan to at least force my BOD to follow their own CC&Rs, Articles and Bylaws or step down.

thanks again

p.s. anyone else with a problem similar to mine I encourage you to look to those past posts that JohnC46 suggested