Board Meeting with contractor

Hello All,

I was wondering if a Board of Directors can have a meeting with a company the BOD have contracted with to do some specific work for the Association. Are they allowed to meet with them without members of the association present? Since all memembers would be present then technically they would have a quorum.

Thanks in advance.

It depends on your state's open meeting laws for HOAs.

As a best practice, the board should only meet in private in very limited circumstances when confidentiality is required or in an emergency.

I'd call this an executive session of the board and close the meeting to the membership. Why? Legalities. For example, either changes to the the contract are likely to be discussed, or criticism of the contractor may occur. Nationwide cities are getting away (or have gotten completely away) from revealing details of, say, contractual review discussions. Publicizing such details, for one contractor, gives other contractors an unfair advantage. If the contractor is being criticized by the board, and the criticism has no foundation, then there are defamation yada concerns.

For cities, executed contracts are often (always?) legally available to the public.

California HOAs/condos must make executed contracts available to HOA/condo members.