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JeffT (Maryland)
Posts: 83
Posted:
Can a BOD conduct discussions and voting on adding new policies or rules for the community in secret executive meeting or are they required to do this in an open meeting so that the community members can witness? This would be for Maryland and what the Maryland COA/HOA act states.

Seems that the BOD wants to holsd an executive meeting to quickly pass a rule to keep someone from running for the BOD that is coming up
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jeff

A BOD can pass Rules and Regulations so even in an Open Session with screaming owners, they might can do it depending on your docs. The question you should be asking is how do we overturn a BOD R&R. If they are determined, they will find a way.

Curious though. What is you BOD looking to hang its hat on to disqualify someone from running for the BOD?
CathyA3 (Ohio)
Posts: 6,299
Posted:
I think any limitations on who can run for the board will need to be in the bylaws or the covenants and restrictions, and would need to be voted on and approved by the membership to take effect. Don't think a rule will get them where they want to go.
CathyA3 (Ohio)
Posts: 6,299
Posted:
I think any limitations on who can run for the board will need to be in the bylaws or the covenants and restrictions, and would need to be voted on and approved by the membership to take effect. Don't think a rule will get them where they want to go.
MarkM19 (Texas)
Posts: 1,459
Posted:
Jeff,
I think you have a point. The things that can be done in Executive session are the following.

1) Legal issues
2) Contract talks
3) Violation hearings
4) Disciplinary actions
5) Foreclosure
6) Homeowner payment plans

Everything else should be handled in the Open Meetings. If I left anything out I am sure others will contribute.
KerryL1 (California)
Posts: 14,550
Posted:
What do your bylaws say, JeffT., about qualifications for board service? How can your bylaws be amended? As Cathy points out, bylaws usually take a votes by the Owners.

If you're a corporation, your state's corporations codes might have qualifications too.
JeffT (Maryland)
Posts: 83
Posted:
Yes I looked up the condo act for executive session and as people have been saying, it is not legal. I will look at the bylaws to see what it says about nominating committee and qualifications. But I think that the president and the lawyer did acknowledge that this particular issue is not there

Section 11-109.1. Closed meetings of board of directors.
(a) Permitted for certain enumerated purposes. -- A meeting of the board of directors may be held in closed session only for the following purposes:
(1) Discussion of matters pertaining to employees and personnel;
(2) Protection of the privacy or reputation of individuals in matters not related to the council of unit owners' business;
(3) Consultation with legal counsel on legal matters;
(4) Consultation with staff personnel, consultants, attorneys, board members, or other persons in connection with pending or potential litigation or other legal matters;
(5) Investigative proceedings concerning possible or actual criminal misconduct;
(6) Consideration of the terms or conditions of a business transaction in the negotiation stage if the disclosure could adversely affect the economic interests of the council of unit owners;
(7) Complying with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or
(8) Discussion of individual owner assessment accounts.
(b) Scope of permissible action limited; inclusion of certain statements, records, and authority required in minutes. -- If a meeting is held in closed session under subsection (a) of this section:
(1) An action may not be taken and a matter may not be discussed if it is not permitted by subsection (a) of this section; and
(2) A statement of the time, place, and purpose of any closed meeting, the record of the vote of each board member by which any meeting was closed, and the authority under this section for closing any meeting shall be included in the minutes of the next meeting of the board of directors.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, ready your bylaws though it's possible, I suppose, the director qualifications are elsewhere.

in any case, if there are qualifications, often they'll say the candidates must be in good standing and may not be convicted felons, to add qualifications would need board approval in an open meeting and then probably a vote by owners depending on what your bylaws say.

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