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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JordanM1 (Colorado)
Posts: 12
Posted:
Hi I am the Vice President and Secretary of my very small 13 Lot HOA in Colorado. I have been the vice president for my HOA for at least 2 years and was just voted to combine V.P. and Secretary. I am trying to figure out the differences between open meetings, board meetings, executive meetings, and so on....... My main question is when do we hold a executive meeting and what is the purpose of the executive meeting? Also we just elected our new treasurer and secretary and I would like to have just a meeting of the new board members to configure ourselves and know where each of us stand. Is that possible without involving the rest of the community?

Thank you,
Jordan Cottonwood Falls HOA V.P./ Secretary
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the Forum. Please observe our posting rules, Jordan.

Your bylaws will tell you the difference between the various kinds of meetings, so read them. In many states, all board meeting whether regular, special or emergency must be open.

States differ on what can be discussed in executive session ("closed meetings"). Often only potential litigation, personnel issues, owner discipline, payment plans and possible contracts in formation. Let's hope Janet checks in, who knows CO statutes as does Roger (right name??) a CO property Mgr.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Jordan,

Welcome to the forum.

To answer your specific questions:

General Membership Meetings - meetings where everyone is encouraged to attend and, typically, the members must vote on something. Typically, the general membership only meets once or twice a year.

Board Meetings - meetings of the Board of Directors. These are the meetings where issues are discussed and actions are decided. Every Director gets one vote. Decisions are made by majority approval.

Open Meetings - meetings of the Board or Committees where members are allowed to attend, if they desire, and observe the process. Typically, those in attendance will be allowed to speak to the Board during the open forum section.

Closed Meetings - meetings of the Board or Committees where only the Directors or Committee members and invited participants are allowed. In States where there are open meeting requirements, closed meetings are very minimal.

Executive Session - a form of a closed meeting. Typically, executive sessions are entered into from an open meeting and return to the open meeting to record the decisions made or to vote on the issue the executive session was utilized for. In States where open meeting requirements exist, the use of executive sessions are normally listed in the statute as well.

Per section 38-33.3-308 of The COLORADO COMMON INTEREST OWNERSHIP ACT, available through lexisnexis:

(4) Matters for discussion by an executive or closed session are limited to:

(a) Matters pertaining to employees of the association or the managing agent's contract or involving the employment, promotion, discipline, or dismissal of an officer, agent, or employee of the association;

(b) Consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client;

(c) Investigative proceedings concerning possible or actual criminal misconduct;

(d) Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure;

(e) Any matter the disclosure of which would constitute an unwarranted invasion of individual privacy;

(f) Review of or discussion relating to any written or oral communication from legal counsel.

Hence, the meeting you desire must be open to the any member who wants to attend.
JordanM1 (Colorado)
Posts: 12
Posted:
I’m sorry I didn’t know there was a rule for posting. Where would I find the rules?

We have just got things finalized for our covenants, bylaws, and supporting documents so we are just learning how to do this whole HOA correctly now.

Thank you for the information!
KerryL1 (California)
Posts: 14,550
Posted:
If you meet with less than a quorum of directors, it is not officially "a meeting of the board" and need not be open to all. How many directors are there? How many do you want involved in this orientation?

Based on the statutes Tim found for you, it does not seem that you technically can have this get-acqauinted gathering closed to members. This is especially so, as I understand it, if you're going to discuss any pending HOA business and where your new directors might "stand" on the elements of such business. This could be a special meeting of the board called something like board member orientation. You might have a few handouts to the new directors and a loose agenda to h guide the discussions. And if a few owners want to attend, they can listen to the discussions. Just a thought.

RE: Executive sessions or meetings: In CA they may be completely separate from open meetings of the Board. So in our HOA, we hold executive sessions prior to our monthly board meetings. And, in our 200+ HOA, we generally have executive session matters to discuss. During open board meetings, it would be awkward to kick out maybe 20 owners while we adjourn to executive session and then round up these owners when we reconvene the open meeting.

See posting rules above at the smiley face : )
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By JordanM1 on 10/19/2017 4:48 PM
I’m sorry I didn’t know there was a rule for posting. Where would I find the rules?

We have just got things finalized for our covenants, bylaws, and supporting documents so we are just learning how to do this whole HOA correctly now.

Thank you for the information!


The issue was you posted your HOA name. We tend to protect privacy with regards to all postings and do not allow names to be posted.

In answer to your initial question .... In CO all meetings are open to ALL members. The only exceptions are items such as where the Board can meet in private regarding current legal litigation and members behind in dues to be turned over to your HOA attorney. If you want to have a get together of your BOD members that is fine ... just inform your other homeowners ... and I will bet when they see the agenda most will not attend. LOL ... it is not a big deal and you will find potentially as in many HOA's that most homeowners have apathy and do not attend meetings. Especially if you keep everything open, upfront, and honest with regards to your HOA.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Man oh man how I love SC. Our BOD can meet whenever, where ever, and however we desire to.

We just decided yesterday to have a BOD Meeting tonight.

We ae going to discuss a Covenant change which certainly all owners will be notified of and get to vote on but until that time the BOD is free to work on the change and get it ready to present. Will our owners know the discussions that went on about the change request? No. Will they see and get to vote on the changes? Yes. What more could they want? They end up in control with their votes.
JordanM1 (Colorado)
Posts: 12
Posted:
Thank you everyone for your response. Sorry that I had not read the rules for posting but did now. I will share with my other fellow board members of how we are to properly go about our first meeting as a new board. Again thank you for all of the information and looking forward to gathering more from this group!!
JordanM1 (Colorado)
Posts: 12
Posted:
Thank you everyone for your response. Sorry that I had not read the rules for posting but did now. I will share with my other fellow board members of how we are to properly go about our first meeting as a new board. Again thank you for all of the information and looking forward to gathering more from this group!!
JordanM1 (Colorado)
Posts: 12
Posted:
Thank you everyone for your response. Sorry that I had not read the rules for posting but did now. I will share with my other fellow board members of how we are to properly go about our first meeting as a new board. Again thank you for all of the information and looking forward to gathering more from this group!!
JordanM1 (Colorado)
Posts: 12
Posted:
Thank you everyone for your response. Sorry that I had not read the rules for posting but did now. I will share with my other fellow board members of how we are to properly go about our first meeting as a new board. Again thank you for all of the information and looking forward to gathering more from this group!!
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By JohnC46 on 10/20/2017 8:09 AM
Man oh man how I love SC. Our BOD can meet whenever, where ever, and however we desire to.

We just decided yesterday to have a BOD Meeting tonight.

We ae going to discuss a Covenant change which certainly all owners will be notified of and get to vote on but until that time the BOD is free to work on the change and get it ready to present. Will our owners know the discussions that went on about the change request? No. Will they see and get to vote on the changes? Yes. What more could they want? They end up in control with their votes.


When we were amending CCR's this year taking the care and getting input from owners made it go smoothly. If I and other owners had not been able to read drafts and give input (some items I suggested the attorney had not thought of) the amendment may not have passed. Instead it passed with 100% of owners agreement. Our attorney fees would have been more going back and forth with your scenario and potential more special meetings when not passed at annual meeting. Open honesty and member input can actually pay off better in the end.
KerryL1 (California)
Posts: 14,550
Posted:
I'm in total agreement with you, Janet It's just common sense to get Owners' feedback on CC&R amendments before the HOA goes to the expense of mailing them out as a surprise. I don't know about JohnC's HOA, but we'll need 2/3 approving when we get to ours in '18. The Board still would be "free" to work on it at open meetings with Owner feedback enriching the process.

I always wonder how HOA Owners can elect directors when they never or rarely see them at board meetings in closed-meeting states. We have one bench warmer director who has no ideas or initiative. He just likes to be "in the know," and only seconds motions. His laziness and lack of due diligence would, it seems to me, be a secret from owners if most Board meetings were behind closed doors.

But, you may have noticed, Janet, That JohnC likes to put in these digs at open meeting states every so often. Say, JohnC, last you wrote, you weren't back on the Board...
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kerry

Things evolve. I am back...........LOL

I was on the Declarant to owners transition BOD from 2013 to 2015 and was not elected in 2015. The main reasons were I was pro-Declarant and I was an advocate of raising the dues which had been the same for 7 years. I lost by one vote of 60 cast. I did not run in 2016. I was nominated at the 2017 Annual Meeting but I threw my support to another candidate and I was satisfied with who got elected.

Soon after the 2017 Annual Meeting and election, I was approached by several members of the new elected (3 new out of 5) BOD. They asked me to present a history of the association budgeting and my views on what we needed to do. That week a newly elected BOD Member resigned and I was appointed to his vacancy. A week later the BOD elected me VP and Treasurer. Our Bylaws say appointees fill out the term of the person they are replacing. The person I am replacing was elected in 2017 for a 2 year term and he served less then 6 weeks. Only the BOD can remove me as they appointed me.

🎯 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