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HaleyH (Illinois)
Posts: 67
Posted:
We three are new Board members. We need to vote on a specific member's fine issue -- whether to remove or keep them on her assessments. Must the vote be held in a board meeting only? OR can we add the vote to a Special Members meeting that is taking place so that all members 'hear' our vote.
Reside in Illinois
KerryL1 (California)
Posts: 14,550
Posted:
In many stats, boards vote on these owners' issues in executive session to protect wooers' privacy. But I don't know the laws in IL.

Your own bylaws might tell you in what setting to fine an owner or rescind a fine. Offhand, I'd ask: why should this be done in a members (owners) meeting??
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Haley

I say this is a private issue between the BOD and the owner thus should not be discussed in an open meeting I say this is a Executive Session issue.
KerryL1 (California)
Posts: 14,550
Posted:
Despite my earlier typos (!!!), I agree with JohnC.
SheliaH (Indiana)
Posts: 6,964
Posted:
You don't need a special member's meeting for this - this situation is between the board and that homeowner. As long as you're being consistent and fair in following the rules you have regarding fines, that's all the homeowners should care about. Providing general information like the board has assessed a total of X amount in fines, here re are the top reasons for doing, X number of appeals were filed and X amount was reduced or waived because of these top X reasons should provide a decent overview for everyone else as to what the board has done and how.

You can discuss this in executive session or an open meeting -our association didn't run across this very often (Indiana doesn't allow HOAs to set fines because they aren't legislative bodies like a city council (something people are trying to change). Anyway, if you do this in an open meeting, DO NOT name names or addresses - we used account numbers when referring to specific homeowners, so no one know who was who. Make your decision and then send him/her a letter explaining what the board is doing and why.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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