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JanineR (Tennessee)
Posts: 259
Posted:
The Board of my HOA claim they meet regularly every two weeks to discuss business.
Assumedly by zoom or video conference.
Shouldn't we get notice of the time and date and have an opportunity to attend or at least listen? The Open Meetings Act?
We don't get minutes of these meetings either.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are you still developer owned or owner owned? Read your documents to see the rules. It should state the meeting times.

Former HOA President
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JanineR on 01/29/2021 1:32 PM
The Board of my HOA claim they meet regularly every two weeks to discuss business.
Assumedly by zoom or video conference.
Shouldn't we get notice of the time and date and have an opportunity to attend or at least listen? The Open Meetings Act?
We don't get minutes of these meetings either.
-- Is this a condominium?

-- If not a condominium, then the Tennessee Horizontal Property Act has nothing relevant to say about Board meetings.

-- Nationwide the various states' open meetings statutes apply only to state, county and municipal entities. HOAs and condos do not fall under these open meetings statutes.

-- However, usually, but not always, the covenants or bylaws for a HOA/condo require that board meetings be open to all members. So you want to read your bylaws and covenants and see what they way about meetings being open to members.
JanineR (Tennessee)
Posts: 259
Posted:
We are owner owned.
The bylaws don't distinguish between open and closed meetings.
Does the 'new' Open Meeting Act require the meetings to be open?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JanineR on 01/29/2021 6:25 PM
We are owner owned.
The bylaws don't distinguish between open and closed meetings.
Does the 'new' Open Meeting Act require the meetings to be open?
If you can provide a link giving at least a few clues about whatever Open Meeting Act you have in mind, then this would be best.

All condos and HOAs are "owner-owned."
AugustinD
Posts: 5,144
Posted:
If you mean the following statute, then know, it does not apply.

https://www.tn.gov/content/dam/tn/agriculture/documents/landwaterstewardship/SCD_R03.pdf
JanineR (Tennessee)
Posts: 259
Posted:
This one:

https://findhoalaw.com/open-meeting-act/
JanineR (Tennessee)
Posts: 259
Posted:
Agree.
But the question was asked if my complex was developer owned or owner owned.
So I answered.
JanineR (Tennessee)
Posts: 259
Posted:
The Bylaws have no mention of open meetings.
Then came the Open Meeting Act.

Do we get to have open meetings?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JanineR on 01/29/2021 7:32 PM
This one: https://findhoalaw.com/open-meeting-act/
What you linked above is a California statute. It does not apply to Tennessee HOAs.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
With Augustin ...

Maybe write your reps to support an HOA statute requiring noticed and open meetings? Surprising any state is this far out of touch.
SheliaH (Indiana)
Posts: 6,964
Posted:
Open meeting laws usually apply to government body meetings like the school board, not HOAs. And as AugustinD noted what's true in one state may not be the case in another.

You should read your documents to see what they say - start with the bylaws, which usually dictate how the association is to be run, such as the powers of the board and access to association records like board meeting minutes. There may be something in Tenner state law, so you'll also have to go to its website and see if the state laws are posted they should be. Or Google Tennessee HOA law and see what comes up.

Assuming your documents do give homeowners the right to attend board meetings and review board meeting minutes, send a letter to the board citing that section of your documents and ask that homeowners be sent a zoom link to sit in on the meeting.

if they're worried about interruptions, they can add a resident forum to the agenda where people would have a minute or two to speak. The person controlling the zoom meeting can put everyone on mute when the business portion of the meeting begins people can still listen, but not ask questions or make comments so the board can get through the agenda (remember this is a BUSINESS meeting).

If they balk, it may be time to rally together the neighbors and vote these people out and replace them with people who will be more transparent. One of those new members may have to be you.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Take another look at your Bylaws, Janine. See if they say anything about "executive sessions" which is another phrase for "closed meetings."

Also tell us the names of the different kinds of meetings in your Bylaws. Exact quotes would be good.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Janine

Typically Open Meeting Laws apply to public bodies, not to owner associations.

The amount of time and method of notifying owners about meetings depends on your docs and can vary widely as there is no standard meeting notification. It can range from having to personally tattoo a member's butt 30 days prior to the meeting to much less notice and depending on the type of meeting, to no notice at all.

The tattoo and 30 days are parts of CA...........LOL

For some types of meetings, such as a BOD Executive Session, can be limited to BOD Members and only those they personally invite.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Janine,

Currently, the State of TN does not have an HOA statute (they do have condominium statutes). Therefore, the main TN statute governing an HOA would be the corporate statute, specifically Tenn. Code ยง 48-51-101, et seq.

Currently there is no requirement for open board meetings for an HOA in TN. As others have pointed out, the open meeting act you refer to is applicable to government and not private entities.

In 2015, a bill was started, SB405, that had support but appears to have died in committee.

Regarding minutes, Tenn. Code Ann. ยง 48-66-102 (corporate code) specifies that members may inspect Association records. Note: this is inspection. The Association does not have to provide you copies and if they do, they may charge you for the copies.

I suspect that your governing documents give you the same right to inspect records.

Hope this helps,

Tim

JanineR (Tennessee)
Posts: 259
Posted:
Thanks for the replies.

I have read the governing documents upside and back to front over the last few years, and there is no mention of open meetings. Executive meetings, annual meeting, and special meetings.

I have searched the internet for months and months on if the open meeting act applies to HOA's in Tennessee like it does in California, and couldn't come up with anything.
It seems that is because it has not been adopted in Tennessee.

It looks like I need to rally the neighbors to enforce special meetings. We need 30% to enforce one.

There does not seem to be a limit of how many times we can call a special meeting. So we might have to use that loophole to get regular monthly updates. Thoughts?

We were hit by a tornado in March 2020, and we don't know where we stand in getting units or common areas back.
JanineR (Tennessee)
Posts: 259
Posted:
Thank you for letting me know about Tennessee sb405
KerryL1 (California)
Posts: 14,550
Posted:
Janine are you saying "Executive meetings, annual meeting, and special meetings" ARE in your bylaws? Is that why you'd want to call a special meeting? Don't your Bylaws make a distinction between special meetings of the board, and special meetings of the members (Owners)?

How do your bylaws define "executive meetings?"
JanineR (Tennessee)
Posts: 259
Posted:
The Bylaws have Meeting of Members as
-annual
-special

The Directors Meetings are
-regular
-special
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JanineR (Tennessee)
Posts: 259
Posted:
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JohnC46 (South Carolina)
Posts: 14,265
Posted:
Janine
So stop shopping for answers you like and rally your neighbors for a Special Meting. You will then find out if others care.
JanineR (Tennessee)
Posts: 259
Posted:
Sounds like a plan.
I just like to be informed before rallying up people.

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