Open Meetings

Started by BradP • 5 replies • 1324 views

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BradP (Kansas)
Posts: 2,640

Posted:

There has been a ton of discussion on here about whether HOA meetings are required to be open to the membership and whether decisions can be made outside of a meeting. I know a lot has to do with your documents. IMO is is a wise idea to make them open and make decisions at meetings. I am wondering is there any legal basis for requiring them to be open, I am in Kansas. Opinions are welcome...

JoeW1 (New York)
Posts: 728

Posted:

BradP - In my community the board is required by state law to vote at an open meeting. Other than one annual open meeting the law does not require them to be more frequent.

NancyD1 (Florida)
Posts: 447

Posted:

Decisions should be made before the members at an open meeting. The discussions between board members regarding these decisions, in some cases, should not be made in an open meeting.

When our board has a proposed project it may take weeks of discussions between us before we can make an informed decision. This does not mean that we all agree or that we have something to hide from our members. If we were to have the discussions before an open meeting it may takes weeks of meetings.

If a question arises during the Good & Welfare part of our BOD meetings, anyone of us answers the question with their own individual perspective.

BradP (Kansas)
Posts: 2,640

Posted:

Nancy:

I agree 100%...the problem I see is there is no law that requires this in Kansas. We have some board members who feel that it is ok to make these decisions via email and not in an open meeting.

GlenL (Ohio)
Posts: 5,491

Posted:

Brad, I agree that meetings should be open but there are sometimes urgent or time sensitive items that cannot wait for a BOD meeting. We are allowed in our Association to make decisions not at a meeting as long as:

All actions, except removal of a Trustee, which may be taken at a meeting of the Association, may be taken without a meeting with the approval of (not less than three (3) Trustees, and in writing or writings signed by members having a percentage of voting power required to take such action if same were taken at a meeting. Such writings shall be filed with the Secretary of the Association.

You might try checking Kansas's codes for non-profit corporations which I assume your Association is, they might have an open meeting requirement.

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RobertR1 (South Carolina)
Posts: 5,164

Posted:

BradP,
SC does not spell out in their statute or anywhere else I can find, nor will the state respond to the question. I am all the way done that road and my next effort will be to get the Board to make a resolution that Regular board meetings be held in a manner that any and all owner may participate. In our case that would be teleconference.

Nancy of anyone: Is the documents of an HOA any different from a condo when it comes to open/closed meeting or is this something that is added to each By-laws, etc. In the same state. OUR HOA holds open meetings by Board approval and my condo holds closed meetings by Board decree.

It is more than odd to have our HOA hold open meetings with a time for owner input or questions and normally meeting takes a little over an hour.
Total owners involved in the HOA, something like 2000. Our Board holds teleconference closed meetings and they can go on for hours (5 Board members), and total owners in condo 60 plus 5 BOD.

I am sure that a small numbe of owners come to Board meetings and are disruptive, not every meeting, but it happens. I don't think that justifies closed meetings. I would suggest that a solution to a disruptive person may be to hear him/her out and assign a board member to serve as mediator with the person and insure the concerns are considered by the board. This may work in a small association. From experience I have learned if the Board does not immediately try to resolve issues they will grown into mountains.

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