HOA Board Meetings

Good morning you amazingly helpful people. You have really gotten me through some tough times so I come asking this..

Our Bylaws state that any homeowner in good standing can attend the monthly board meeting but they can't directly participate which if fine. I reached out to board to ask when this meeting was and the response I got was you can't post it because this is where we talk about people that owe back dues, legal action and so on.. When I mentioned that the By laws saw we can attend they were like well then we will have to get them revised then..

What has been your experience? Should the resident know these "private" matters? Can anyone offer a suggestion?

Elaine,

Your HOA board should hold open business meetings that can be attended by any dues payer, regardless of standing. The HOA board has the privilege of holding closed meetings or "closed sessions" during a business meeting to discuss individual accounts and legal matters. I cannot see a provision under which an HOA board can, or should, declare all meetings as "closed" to dues payers in order to protect confidentiality.

They may have been thinking of an executive session. Only board members attend executive sessions, which are usually held to discuss sensitive issues like delinquent homeowners and legal action by or against the association. CCR violation appeals and board member discipline can also be held in executive sessions. For the most part, I believe executive sessions should be RARE - stuff like deciding which building will be first in a re-roofing project can be discussed in an open meeting. Your board needs to reread the documents.

I'm also wondering why meetings would be limited to homeowners in good standing - these are BUSINESS meetings, so I don't see any problem with a delinquent homeowner attending, as long as he/she behaves and understands his/her situation will only be discussed in executive session (do you really want people to hear that you owe the association X amount of dollars and you've been behind for nearly a year?)

A resident forum for about 10-15 minutes of the agenda could also allow homeowners to make brief comments about any association issue. It doesn't mean the board will make a decision right away, nor do they have to. Sometimes, the issue is already part of the agenda, while others warrant further research and will be discussed at the next meeting. After the resident forum, homeowners should be welcome to stay and listen to the proceedings, but no comments are questions are allowed in the business portion so the board can get through everything on the agenda.

If you don't have a resident forum, make that suggestion to the board and see what they say. Of course, everyone should understand there shouldn't be any screaming, cursing, threats, fistfights and that sort of thing, plus cell phones should be turned off or set to vibrate so you don't disturb the meeting (if you get a call, leave the room and take it)

All the more reason you should talk to the board or send all of them a letter with your concerns. Nothing the HOA board does should ever be a surprise to the community and if they're doing the right thing, they should be more than willing to do it in front of everyone. You might want to make that point to them.

If nothing happens, you'll need to rally together your neighbors and demand change - which may mean you call a special meeting to consider if this board should be recalled. If it comes to that, you will need people willing and able to step up and take over (yes, that may need to include YOU)

In California, it's an "executive session." General membership is not allowed to attend but board has to report general topics in minutes of next open meeting. Those sessions are for confidential matters like litigation, formation of contracts, member discipline, member payment plans, or personnel matters.

As Board President, we hold zoom meetings that anyone can attend. If we need to discuss items that are for executive session, then we will have that at the end of the regular meeting.

Typically a BOD can go into Executive Session any time. Before, during, or after the BOD meeting.

If you've read the bylaws, you should have the answer to your original question. Presumably the bylaws will discuss several issues:

* The difference between regular board meeting (everyone can attend) and executive sessions (only the board and invitees)

* What kind of notice must be provided to the homeowner, if any. Usually there will be a clause stating notice must be given no more than X days prior and no less than Y days prior.

* The exact purposes for an Executive Session. Executive Sessions for purposes other than the specific reasons stated in your bylaws are not allowed.