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DavidG45 (Delaware)
Posts: 994
Posted:
There are a group of HOAs in our area that get together a couple of times a year to discuss issues and share ideas about managing our communities. I am curious of three of our five board members were to attend one of these meetings, would there be an open meetings issue since that would be a quorum?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Now you've done it.

I think if you're discussing issues that are specific to your HOA, then yes it's a violation. If the discussions are general in nature, then no. Expecting discussions to remain general is probably not reasonable, though. Some commenters here say that a quorum of board members can't even conduct community walk-throughs or meet with vendors without opening the meeting to members, and won't that be productive. I'd love to see the published agendas...

Suppose we have a quorum of board members on this website, is that a violation?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By DavidG45 on 10/02/2023 7:07 AM
I am curious of three of our five board members were to attend one of these meetings, would there be an open meetings issue since that would be a quorum?
I think not. From the Delaware HOA statute:

§ 81-308A. Executive board meeting.
(a) A meeting of the executive board must be held at least quarterly. Special meetings of the executive board may be called by the president or a majority of the executive board. For purposes of this section, “meetings of the executive board” do not include incidental or other informal gatherings of 2 or more directors for social or other purposes or any meetings where no decisions are made or discussed regarding association business. The executive board and individual directors shall not use incidental or social gatherings of directors or other devices to evade the open meeting requirements of this section.


CathyA3 (Ohio)
Posts: 6,299
Posted:
I'd question whether these sessions are "social or incidental". They're more akin to training sessions, which some folks on this site have insisted are subject to the open meeting requirements. (I personally think that's nuts, since it does no one any good to make it difficult for board members to develop their knowledge and skills. But not my circus, etc.)
KerryL1 (California)
Posts: 14,550
Posted:
CAI, the community Assoc. Inst. of the USA has nearly monthly in-person educational seminars in my county that quorums of many HOA boards might attend. In addition, some HOA attorneys and management companies he old in person Zoom seminars for more than several HOA Board at a time.

Having attend many, many of these over the years, I have never har a particula business item of any HOA's Board that is so very detailed that a discussion of it would be a violation of Calif's Open Meeting Act, which is very strict, and after which some DE statutes are patterned.

In David's case, it might be very tempting for a quorum of, say, his HOA Board to bring up a particular item of business specific to his Assoc., where the discussion ends up being advice by the group on how David's Board should proceed. IMO, it's much more transparent if David' board then takes the discussion to a board meeting as an agenda item and permits Owners to hear thier discussion & deliberation.

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