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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

AmyK2 (Maryland)
Posts: 11
Posted:
Hi. This act states that all board meetings must be open to all HOA members except for certain conditions. One condition is in Section 11B. It states " (6) for consideration of the terms or conditions of a business transaction in the negotiation stage, if disclosure could adversely affect the economic interest of the association." What does this mean?
JH6 (Virginia)
Posts: 30
Posted:
I can't speak to Maryland specifically, but I can imagine one scenario in which the association is competing for something with one of its members or someone who knows one of its members. For example, if there were a unit in foreclosure and the association were planning on putting in a bid--for various legal reasons they might want to do that--the association may be competing against someone who would have access to the bidding strategy if it were discussed in an open meeting. This clause would seem to give the board the option to meet in private so as to formulate a bidding strategy without revealing it competing interests.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Amy

It could be many things some as simple as discussing proposals when if open to the public (owners) an owner could be giving feedback to one of the proposers.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Basically, contract proposals can be discussed in executive session. However, the vote of who to award the contract to should be in open session. Once a contract is awarded, members may obtain a copy of the awarded contract.

Economic interest would be the concern that if bids are disclosed, companies may refuse to bid in the future (fewer companies bidding can mean higher costs as other companies learn there is less competition).

🎯 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