interpretation of state HOA laws

Hello.

I have some related questions about owners' rights as members of an HOA in Oregon. We have 200 condos in our community, and all owners live in the community. Rentals are not allowed. The questions all stem from dealing with a board likes to keep owners at arm's distance - that's what it feels like anyway! Several owners have read the state HOA law, and feel these obstructions are not legitimate, but - short of paying an attorney to find out - would love to have feedback.

Can the Board require an owner to give notice ahead of time to attend a regular board meeting?

Is the regular meeting of the board (every other month) considered an executive session? so that owners are not invited to attend?

Are all owners entitled to see a record of monies spent monthly in the upkeep and maintenance of the HOA?

We appreciate your feedback!

Shawnda

Below is the link to Oregon's Condo Act and Non Profit Corporation Act

https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors100.html
https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors065.html

According to the Condo Act Section 10.420 Board Meeting are open to the members, except if the board adjourns to executive session which the topics are outlined.

I would also look at your community's Bylaws as they will spell the same thing out maybe in greater detail.

Good Lick

Shandwa

As you begin to read your docs understand one thing. Typically owners can attend a BOD Meeting. Usually the owners cannot talk nor comment unless asked to do so by the BOD. It is not a free for all with people speaking on anything at anytime. Some BOD's will have a Q&A Session before or after a meeting.

A BOD can go in and out of Executive Session. Only those invited by the BOD can attend an Executive Session.

The above is fairly common but it does not apply to all states.

Read your governing documents to see what they say about meetings and access to records. As a few have said, most documents call for open board meetings (they may or may not specify if/when the Board can go into executive session). Homeowners should have access to budget information and income/expense statements.

You have some references to state law regarding HOAs - you may need to check if they apply to all HOAs or those created after a certain date and then see if your community falls within the law. If you have a local CAI chapter (Community Association Institute), check if they have any materials that explain the law in plain English (you may have to pay a fee for it if you're not a member).

Finally (and most important, in my opinion) if you don't think your board is as forthcoming with information homeowners are entitled to, you might want to walk around the neighborhood and see if there are other homeowners who feel the same. ALL OF YOU should then attend the next board meeting and demand a different approach.

If you don't get it, check your governing documents again to see what it says about calling special meetings (there may be provisions for a certain percentage of homeowners to do it). At that meeting, the homeowners may want to talk about recalling the current board if they don't straighten up and fly right - and if you do need to recall them, you'd better have homeowners at the ready to take over those spots. Good luck!