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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DavidW5 (North Carolina)
Posts: 565
Posted:
Does anyone know where I can find a list of states that require that HOA board meetings be open to the members of the association? Or at least the number of states that require open meetings.

In November I moved from an HOA in Virginia, where the Property Owners Association Act requires that board meetings be open. Now I have been appointed to the board of my new North Carolina HOA where the option to have open or closed meetings lies with the board. The board here has always held closed meetings other than a once a month meeting where committee reports are given and owners can address the board. All other board actions (e.g. debate, motions, votes) take place behind closed doors.

I am trying to convince this board that open meetings are the right thing to do and I would like to be able to cite the number of states that have decided this is important enough to include that requirement in legislation.
TimB4 (Tennessee)
Posts: 21,059
Posted:
You will likely need to do the counting yourself.

Community Associations Network (scroll down to select State specific pages from links on right of home page)

or

HOA-USA (select State, then select State laws)

will identify the applicable statutes for each State. Most will be links to the actual statute itself.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Also try an internet search for States with open meeting laws for HOA
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DavidW5 on 03/29/2015 4:38 PM
Does anyone know where I can find a list of states that require that HOA board meetings be open to the members of the association? Or at least the number of states that require open meetings.

In November I moved from an HOA in Virginia, where the Property Owners Association Act requires that board meetings be open. Now I have been appointed to the board of my new North Carolina HOA where the option to have open or closed meetings lies with the board. The board here has always held closed meetings other than a once a month meeting where committee reports are given and owners can address the board. All other board actions (e.g. debate, motions, votes) take place behind closed doors.

I am trying to convince this board that open meetings are the right thing to do and I would like to be able to cite the number of states that have decided this is important enough to include that requirement in legislation.

David

I think once a month open meetings are sufficient to keep fellow owners in the loop. I do not believe "all meetings open to all" is a very efficient way to run a corporation.

KerryL1 (California)
Posts: 14,550
Posted:
Cali is an open meeting state, David. I'm happy to hear that at least your board has the option of holding more open board meetings. so, I wonder if there are any state that require closed HOA meetings. Or do many, for example, NC, NY & PA that permit closed board meetings also permit the option of having all board meetings open?

One thing your might ry is surveying other HOAs near you to see if all Boards keep their meetings close. perhaps if your fellow directors learns that reputable HOAs near you have open meetings and still flourish, they'll think differently.

I tried to look up the same question once but ran out of patience. Tim has plenty.

(Btw, I agree with you [& not with JohnC] that it's a good thing if discussion, debates & votes take place in front of H/Os. I believe that we adults more likely to comply and be good HOA citizens if we hear the REASONS why various policies are made. But whether he or I value open meetings is NOT your questions David. Sorry I got off course and hope I'm the last to do so!!)
CharlesB20 (Colorado)
Posts: 15
Posted:
COLORADO is an open-board-meetings state, required by law. Perhaps others would indicate the same for their states.
BanksS
Posts: 403
Posted:
IOWA is optional.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By CharlesB20 on 03/30/2015 8:01 AM
COLORADO is an open-board-meetings state, required by law. Perhaps others would indicate the same for their states.

Yes; not only open but CCIOA requires notification to the members in advance of the meeting. We provide at least 72 hours advance notice of Board meetings via email; attach the agenda which has the first agenda item being an open session for homeowners. Plus a notice of the monthly Board meetings is posted on bulletin boards within the community.
DavidW5 (North Carolina)
Posts: 565
Posted:
Quote:
Posted By RogerB on 03/30/2015 8:18 AM
Posted By CharlesB20 on 03/30/2015 8:01 AM
COLORADO is an open-board-meetings state, required by law. Perhaps others would indicate the same for their states.


Yes; not only open but CCIOA requires notification to the members in advance of the meeting. We provide at least 72 hours advance notice of Board meetings via email; attach the agenda which has the first agenda item being an open session for homeowners. Plus a notice of the monthly Board meetings is posted on bulletin boards within the community.

Roger,

What you've described was also how the Board in Virginia operated when I was on it. The board I am now on in NC does not transact ANY business in open meetings. I am trying to build the case as to why it is in the best interests of the community to allow the members to observe their "government" in action. A recent community survey revealed considerable distrust of the board and management company and questioned the motives behind some recent unpopular board decisions. In my opinion, the best way to combat that distrust is to operate in the open - that is, to let the members hear the board debate the issues and see that many different viewpoints are considered in arriving at decisions. For reasons I have not yet been able to identify most of the incumbent board members are strongly resistant to the idea of holding open meetings.
NpS (Pennsylvania)
Posts: 4,216
Posted:
When I joined our board, the 4 incumbents were very reluctant to hold open meetings (PA-optional). Stopped raising the issue because it wasn't worth the effort. Now only 1 of them is still on the board. That one board member would IMO grumble a bit but go along with a decision to change to open meetings.

Sometimes, waiting things out works out.


Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
DavidW, I quoted a article in GA not long ago on a three, but don't remember anything about it. Tho' GA is a closed meeting state, the HOA attorneys who wrote the article gave very persuasive reasons use the open meeting option. One is exactly your concern: H/Os can lose trust and faith in boards & the PM when meetings are held in secrecy. I think you can find it if you check GA and open HOA meetings or some such.

I think it's kinda natural for owners to ask: What are they hiding from us?!!?? Your board might consider a trial run. Give owners clear but brief rules of behavior in a handout.

I do know that WA has open meetings required in some kinds of HOAs, but not all, and the same goes for TX. I believe that both FL & AZ are open meeting states. And maybe CN?
JonD1
Posts: 2,350
Posted:
In another recent thread we had a poster with 1,300+ properties in her community and then she explains attendance at monthly meetings brings in 6-8 owners only each month.

In real life in most cases the belief a large percentage of owners have a desire to become involved simply never is the case.

The argument for transparency , combating the appearance of certain wrongdoing, along with the claim any large interest in open meetings actually exists
never seems to hold water.

In most cases a feel good crusade with little real world effect on the operation of the board or participation of the individual owners.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
S.C. no legal requirement in corporate law
RichardP13 (California)
Posts: 163
Posted:
Quote:
Posted By JonD1 on 03/30/2015 7:58 PM
In another recent thread we had a poster with 1,300+ properties in her community and then she explains attendance at monthly meetings brings in 6-8 owners only each month.

In real life in most cases the belief a large percentage of owners have a desire to become involved simply never is the case.

The argument for transparency , combating the appearance of certain wrongdoing, along with the claim any large interest in open meetings actually exists
never seems to hold water.

In most cases a feel good crusade with little real world effect on the operation of the board or participation of the individual owners.

Unfortunately, in some states where there are open meeting laws, there may be consequences if the law is ignored. In California, we have to deal with some VERY stupid legislators that couldn't abide by the same rules they want the HOAs to follow.
CfD (Virginia)
Posts: 265
Posted:
Be it in an open meeting state or not, I never will understand the arguments against conducting HOA business in open meetings where all of the membership can see and hear what is going on, and add brief comments when permitted to do so.

The argument for transparency shouldn't be an argument at all, it should be a requirement at every level of governance in every state.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By CfD on 04/01/2015 12:59 PM
The argument for transparency shouldn't be an argument at all, it should be a requirement at every level of governance in every state.

I believe that this is a little too broad of a statement.
There are times, within governments, that transparency should not be there. Documentation, yes. Transparency, not always. For example: Military Ops, Diplomatic issues, etc.
BanksS
Posts: 403
Posted:
Quote:
Posted By CfD on 04/01/2015 12:59 PM
Be it in an open meeting state or not, I never will understand the arguments against conducting HOA business in open meetings where all of the membership can see and hear what is going on, and add brief comments when permitted to do so.

The argument for transparency shouldn't be an argument at all, it should be a requirement at every level of governance in every state.

I agree. I would be at every meeting that I was able to attend so I could see for myself what is being discussed and ask questions when appropriate.

Recently I asked my association secretary to please send me board meeting minutes for the fiscal year 2014/2015. The board meets quarterly. I expected to get 3 sets of minutes. I received one. The explanation for only getting one is because the board has just recently met and the minutes would not be approved until the next meeting. I asked when the next meeting was and if draft minutes could be sent. His response was that the next meeting date had not been set and minutes are not sent to members until approved. The fiscal year runs from May 1 to April 30.

Iowa does not require open meetings so I routinely ask for minutes every year. I am particularly interested in them this year because I received notice that on April 19 a special meeting has been scheduled to vote on a special assessment. Every time I make a request I get the run around of some sort. I included in my written request, sent by U.S. mail, stamps and cash to make copies. I also made the request by e-mail. Every year except this one, the minutes have been mailed or I picked them up at the annual meeting. I have always said the cheapest and simplest method to remit the minutes is by e-mail but until this year when I provided stamps and cash for the copies they were sent by e-mail.

Iowa nonprofit code provides that nonprofit corporations must remit documents to members within 10 days of the request. I am now requesting the financial report for the fiscal year thus far. I sent the request by e-mail 3 days ago.

I am not whining, just sharing my experience so far with a closed meeting board. - Banks

🎯 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