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AnnetteO (Massachusetts)
Posts: 6
Posted:
Does your board conduct business in public? That is, are motions made and discussed at public board meetings or only in executive session. I assume that routine or time sensitive votes are conducted by e-mail, and that personnel or individual owner issues are conducted in executive session. But what about the rest of the business?

Do you approve of your board's practice? What are the pros and cons of public vs private?

Thank,

Annette O
CjC
Posts: 210
Posted:
We have "workshops" to hash out details of topics that might be brought to a motion. These workshops are open but there is no resident comment or open forum. this speeds along the monthly meetings to motions and small discussions. agendas are available for both
LetA (Nevada)
Posts: 2,679
Posted:
Yes, my HOA makes and votes on motions during the home owner portion of the meeting. using "public" is not really public because mentions are open to only members. My HOA welcomes renters to attend, but they can't participate. Any grievances would have to be addressed with their owner member.
DouglasK1 (Florida)
Posts: 2,046
Posted:
By state law all meetings (except for very limited exceptions) where association business is conducted are open to members, so yes, pretty much everything we do is in meetings that can be attended by members.

Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
In most states board meetings that Homeowns can attend are called "open" meetings. Some states like CA, FL & NV require board meetings to be "open to Owners (Members). What does MS require? What do your governing documents, perhaps your bylaws, say about this topic?

And though states vary, there are very few agenda items that may be discussed in "cloud" board meetings, AKA executive sessions.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
We conduct all BOD business via Email. The President and I (I am the VP & Treasurer) often meet to discuss issues and we keep the rest of the BOD aware. Our owners conduct any business with us via dedicated Email address. If they call our MC, they are told to use the Email address to communicate directly with the BOD. There have been times a BOD member did get called by and talk to a fellow owner but usually the BOD knew all about it. Our rule is all decisions must be by BOD Majority (BOD of 5) such as we recently had to spend $1,500.00 to cut some trees down. The President over saw this.

We are 112 standalone patio homes with no amenities. We have an MC and we basically operate on auto pilot. Our HOA does all landscaping which is our largest budget item and the one that creates the most headaches for us. We have only had one official BOD vote in two years and that concerned a dues increase for 2019

We are cracking down on some owners to sod their grass. This did not need a BOD vote but we did discuss and agree how to handle. We assign one person to tackle each item. I am handling the grass issue in that I prepare the notices and the MC mails them out. We will soon be doing the same about mailbox conditions and another BOD member will handle the mailbox issue.

The no amenities are the key. In most HOA's the amenities bring the grief. We run our HOA very casually and it must work as we get very few complaints and those we get are typically for the same owners (3 to 5) over and over. We know them well....LOL
KerryL1 (California)
Posts: 14,550
Posted:
Please note, Annette, that what John of SC describes is legal in his state. To correct my typo above, these "closed" email discussions and decision-making activities, e.g., voting, debate, etc. are Illegal in many states.

In CA, if a quorum of the board is gathered together, that is defined as a board meeting and an open forum must be included. So, CJC's "workshops," when owners must remain mute are not permitted in CA and many other states.

In addition many states' statutes require an open forum during open board meetings, when owners can offer their opinions on agenda items. Most open board meetings seem to have these at the bed ginning of the meeting.

AZ even requires that owners (members) can discuss every agenda item during the board's meetings.

In the past couple of year, the board in my HOA found excuses to move a lot of items to Executive Session by calling the topics "confidential." This is one reason i didn't seek reelection after 12 years of service. This heightened secrecy after many years of openness is NOT setting well with Owners.
Directors who support this behind-closed-doors stuff, claim it moves open meeting along faster, so is more "efficient." It also keeps those pesky owners from asking so many question -- like how are we going to pay for that $1m expenditure. These "reasons" aren't acceptable in CA or in most open meeting states.

I fully support open meetings and the "more" open the better when it's about HOA business and (not individual owner disciplines, payment plans, alleged violations, attorney/client privilege, personnel matters).
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We had open meetings for members only. Renters could come in but they had no vote. Our Collections reports were for board members only. We also did not discuss names but Lot #'s. Expense reports were open and copies provided.

One thing is that if someone had an issue or wanted a vote, it had to be presented to the board in person or by letter. If by letter, then it was read OPENLY at the meeting. It is a board meeting after all. The general membership was allowed to observe and then later give feedback. If the person attended in person, then they could see first hand the reaction of their request. That way they knew the board wasn't "hiding" why a decision was made. I'd listen to the general membership opinion on the subject as they elected me.

Now some people did not like this approach. However, my opinion is if you want something you present it to those who are going to fund it/resolve it. You write a letter then you get a letter back with whatever was decided. Which I am one who believes if you have an issue you have a solution, otherwise one will be provided you.

Just wanted to include these points when discussing things at a meeting that is open. It really is OPEN. I had plenty of people come up to me behind closed doors requesting something. Told them present it to the board not just me. It's NOT just my money being spent but EVERY MEMBERS.


Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Again, Annette, you need to b go with MS statutes and your own governing docs. How Melissa did it in alabama years ago may not apply to your HOA.

for instance, in CA and many states, only agenda items that were on a posted board meeting notice 4 days in advance of a meeting are permitted to be discussed, debated and voted on in an open board meeting. This way, owners know if they even want to attend.

If an owner at the meeting wants something discussed that's not on the published agenda, the board could agree to discuss it at the next month's meeting. There are, of course, exceptions for emergencies.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Few states are as regulated as CA and FL so take what they say with a grain of salt. I did some searching around for MA and while no definitive answers, MA Chapter 183 seems to be full of "unless your documents say otherwise" as it is SC. It appears MA does not try and control as does CA and FL.

I will admit SC is on the opposite end pretty well leaving it up to the docs and the BOD to control as they see fit.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By AnnetteO on 01/25/2019 9:35 AM
Does your board conduct business in public? That is, are motions made and discussed at public board meetings or only in executive session. I assume that routine or time sensitive votes are conducted by e-mail, and that personnel or individual owner issues are conducted in executive session. But what about the rest of the business?

Do you approve of your board's practice? What are the pros and cons of public vs private?

Thank,

Annette O

Annette,

Always conduct votes in open setting. If you are discussing individuals in your community on collections or private account matters, discuss the issue in closed session, but vote on the motion openly. Same goes for vendor disputes in many cases. Spare people embarrassment but the dues payers should know of official board actions.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Btw, Florida statute does not allow board voting by email.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Ohio does not require open board meetings, and it does allow "actions in writing" (email) provided that the board is unanimous. In my community, we use email only for urgent items that shouldn't wait until the next board meeting, or items that would be discussed in executive sessions These items appear in a report at the next meeting and are adding to the meeting minutes.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
SC does not require Email voting to be unanimous. It does require all BOD Members vote, but the majority still rules.
KerryL1 (California)
Posts: 14,550
Posted:
Say, Cathy, though OH doesn't require open board meetings, do you sometime hold them anyway? I subsume one meetings aren't forbidden?
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By DouglasK1 on 01/25/2019 11:44 AM
By state law all meetings (except for very limited exceptions) where association business is conducted are open to members, so yes, pretty much everything we do is in meetings that can be attended by members.

That's my understanding as well. Our new CAM convened the new board in secret after our Annual Meeting last week. Noticed as an "Organizational Meeting" after the Annual Meeting wrapped up, in order for the board to elect the officers. That meeting was done behind the backs of the homeowners who were already present in the room. No owner was allowed to speak or record that meeting, or even hear what was being discussed. No one other than the new board and the CAM even knew that meeting had started. When it was over the CAM announced the new officers while the homeowners assembled were still wondering when that meeting was going to start. It was over.

So we might have a problem with our new CAM right off the bat. That board meeting should have been open and the CAM is the reason it wasn't.
KerryL1 (California)
Posts: 14,550
Posted:
Organizational meetings are board meetings and in CA and in FL they should be open to owners a with all rules of open meeting applying.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By KerryL1 on 01/27/2019 1:07 PM
Say, Cathy, though OH doesn't require open board meetings, do you sometime hold them anyway? I subsume one meetings aren't forbidden?

Yes, open meetings seem to be rule rather than the exception for many associations in my area. I've never heard of any Declaration actually forbidding open meetings. That would be inviting trouble - human nature being what it is, people tend to assume there's something nefarious going on behind closed doors.

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