What are ways around open meetings?

Tell me where I am wrong, please, in this very rough draft I have for the board:

CAM said that July 31 was an 'organizational meeting'. Under Article IV of our by-laws that is defined as the one, by however means, they had prior to July 31 for the sole purpose (per the definition, at least) of assigning officer positions. That was done before July 31.

July 31 was a BOD meeting subject to being open to all members under the law, and minutes from it are due the members, along with minutes from the annual meeting and the election, please.

Further, I find it impossible that the BOD will not meet or conduct any business between July 31 and September 25, the date CAM stated the next regular board meeting will be.

Any such meetings that do not render themselves available to members will be out of compliance with state law.

If they meet the narrow definition of 'meetings' (labeled by the BOD as 'working sessions' or any other label) that are of an urgent nature, or routine administrative actions that do not involve voting on anything, or otherwise fall under open meetings requirements, the minutes for those must be approved and published at the next regular meeting.

The bottom line being that precious little is information that members are entitled to before it's decided upon, and even less, practically -0-, after decisions have been made.

*note to members here on this forum: this is a large COA with a large budget and things happening all the time. Almost 500 units, a lot of acreage, lots of amenities, etc.

We can't have only quarterly meetings as the by-laws say are the minimum and keep the place up to snuff. Nowhere close.

Used to, there were regular,open meetings once a month and that was in no way sufficient. There were lots of 'working sessions' and lots of time spent outside those on tasks.

I agree the primary danger in "working sessions" is that there's a chance the board will end up making decisions that really should be discussed in an open board meeting. But you do a good job in explaining your concerns - just send your letter and see what the board has to say? If they don't respond, attend the next board meeting and put them on the spot (invite some neighbors to come with you so they can listen in- less chance of the board blowing you off).

If your board is interested in working sessions to deal with certain issues, I see no reason why those can't be open to homeowners - simply tell the homeowners no votes will be taken at the meeting. To keep things in order, homeowners should be welcome to observe, but not make comments or ask questions until after the meeting. Better yet, these meetings could include a Q and A session from the audience, near the end.

Even better - lengthy discussions on specific issues would be great for an advisory committee, which could make its recommendations to the board and issue reports that could be reviewed by the community. This way, the issue gets addressed and you don't have to worry if this is a board meeting or not. Again, invite homeowners to the committee meetings, but state whether questions or comments will be allowed during the meeting.

It would be crazy to think a meeting is needed for daily business. The truth is boards have a significant amount of leeway to make decisions without the need for an open meeting. I personally feel bigger ticket expenses that can be planned for a best discussed in open meetings. I also think it's a good idea for the board to keep a running list of items discussed during their non open meetings and make sure they are discussed during the official open meetings if for no other reason than to say we've done items A, B, and C since the last open meeting.

Of course there are items which MUST be done in open meetings but it's the day to day stuff where there tends to be a gap in information to homeowners.

There is a way around open meeting and it's called AWM, or Action Without a Meeting. In California, they can only be held in emergency situations.

I could run a very successful, open and transparent HOA this way. All you have to do follow the rules of AWM.

Generally, an organizational meeting to nominate and vote on officer positions is done at the same meeting as the annual meeting of the member or election night. It may not always happen that way for a variety of reason. But, it needs to be in an open session, open to members. You also have an orientation meeting, where new boards are trained and/or a transition between old and new, where legal counsel may be invited. You could also have educational meetings where boards, as a group may go to an all day training sessions with CAI, or maybe a local management hosts one. All board members attend, do you call for a Board meeting?

To me, the most important aspect to consider, is the information about the association available to the members when they want it.

I know. . That happens if I am anticipating a reaction and trying to address it. I put it here to see if I am correct even about the points I am trying to make.

I tired to work on this a little, Jennifer, but don't seem to be able to help...

Our CAM said that July 31 was an 'organizational meeting,' which is a board meeting. Under Article IV of our bylaws that is for the sole purpose of the Board electing officer. But that election of officers was done before July 31 and we owners did not know about it.

July 31 was a meeting that should have been open to all members under the law [ name statue name & #), and minutes from it need to be available to the members by xx/xx/2018. Any meetings comprising a quorum of the board must be open to members to comply with state law.

How is it possible the Board will not will not meet or conduct any business between July 31 and September 25, the date CAM stated the next regular board meeting will be?

If meetings (labeled by the BOD as 'working sessions' or any other name) are of an urgent nature, or routine administrative actions that do not involve voting on anything, or otherwise fall under open meetings requirements, the minutes for those must be approved and published at the next regular meeting.

sorry, I do not understand this, Jennifer. "The bottom line being that precious little is information that members are entitled to before it's decided upon, and even less, practically -0-, after decisions have been made."

Annual meeting minute don't need to be approved till the next annual meeting. But the results of elections should be published per TX law.

The answer to "Ways around an Open Meetings" is Action Without a Meeting. I am pretty sure Texas hasn't banned them.