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DonteS (Maryland)
Posts: 11
Posted:
Good afternoon,

I’m a newly elected Board member in Md. My new Board is meeting with residents in early December as a new Board. As a Board, are we allowed to meet just as a Board to prepare for the meeting? And if so, does that need to be open to the community?
SheliaH (Indiana)
Posts: 6,964
Posted:
Your documents should have rules regarding open meetings, so that's where you start. Some boards have planning sessions and categorize them as "executive sessions" name, which I don't think is appropriate.

Executive sessions are usually held for limited reasons, generally to discuss sensitive association issues like legal action against the association. They should be announced before being held and homeowners aren't allowed to attend. Decisions made during executive sessions are noted in the regular board meeting minutes, but no details are disclosed.

It's OK for the board to have planning sessions but there shouldn't be anything so secret that you can't discuss them in front of homeowners. It would be better for the board to decide who will be responsible for doing what and providing updates at the meeting. There are lots of conversations on this website about planning sessions and ways to prepare without doing something that makes it look like you're hiding from homeowners

Since a planning session would be a form of association business, homeowners aren't entitled to jump in with comments or questions, although they're welcome to make them during resident forum. I won't get into that here, but there are old conversations on this website about them and best practices. Take a look and see what you might adapt to your meetings.

You're on the right track as a new board member in asking about proper procedures. I often encourage new board members (and the OGs as well) to have a look at the education materials on the CAI website. They aren't expensive (some are free) and getting a group membership would be a good way to learn about a variety of subjects. In the meantime, keep coming to this website with your questions and good luck with your service!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By DonteS on 11/18/2024 2:19 PM
I’m a newly elected Board member in Md. My new Board is meeting with residents in early December as a new Board. As a Board, are we allowed to meet just as a Board to prepare for the meeting? And if so, does that need to be open to the community?
Is this a condominium?

Whether it is a condominium or a HOA of single family homes, by statute such a board meeting has to be open to owners, with notice sent out pursuant to statute and bylaws.

Answer the question above, and I will elaborate.
DonteS (Maryland)
Posts: 11
Posted:
No this is an HOA of single family and townhomes
MichaelS56 (Minnesota)
Posts: 859
Posted:
Could you have a workshop where you discuss and plan the meeting agenda?
TerriS6 (California)
Posts: 3,284
Posted:
In CA, a quorum of directors can't discuss any item of business outside a noticed board meeting with agenda.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By DonteS on 11/18/2024 2:19 PM
Good afternoon,

I’m a newly elected Board member in Md. My new Board is meeting with residents in early December as a new Board. As a Board, are we allowed to meet just as a Board to prepare for the meeting? And if so, does that need to be open to the community?

That would be a No and a Yes if I am reading this correctly.
https://law.justia.com/codes/maryland/2013/article-grp/section-11b-111/
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By DonteS on 11/19/2024 3:27 AM
this is an HOA of single family and townhomes
Go to https://law.justia.com/codes/maryland/real-property/title-11b/

Then proceed to:
Section 11B-111 - Meetings of Homeowners Association or Its Governing Body

The above is the Maryland statute section that requires the aforementioned planning yada meeting of the board to be (1) properly noticed to owners and (2) open to owners.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 11/19/2024 8:27 AM
Posted By DonteS on 11/19/2024 3:27 AM
this is an HOA of single family and townhomes
Go to https://law.justia.com/codes/maryland/real-property/title-11b/

Then proceed to:
Section 11B-111 - Meetings of Homeowners Association or Its Governing Body

The above is the Maryland statute section that requires the aforementioned planning yada meeting of the board to be (1) properly noticed to owners and (2) open to owners.

Oh god, an open meeting to plan an open meeting.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By DeanJ on 11/19/2024 12:42 PM
Posted By ElleN on 11/19/2024 8:27 AM
Posted By DonteS on 11/19/2024 3:27 AM
this is an HOA of single family and townhomes
Go to https://law.justia.com/codes/maryland/real-property/title-11b/

Then proceed to:
Section 11B-111 - Meetings of Homeowners Association or Its Governing Body

The above is the Maryland statute section that requires the aforementioned planning yada meeting of the board to be (1) properly noticed to owners and (2) open to owners.


Oh god, an open meeting to plan an open meeting.
They are newbies. I see nothing wrong with the more motivated new directors coming to forums like this and learning what to do at a first, planning-type meeting of newbies. This would include IMO: learning that a carefully prepared agenda is key to a successful meeting; hammering out who prepares the agenda; making sure that their first step is to select a President; learning what a motion is; the basics of Minutes; and more.

Perhaps the OP would like to read of how this first, planning meeting ideally should go?

Else you seem to prefer a chaotic free for all.
ElleN (Idaho)
Posts: 1,334
Posted:
DeanJ, my recollection is that some states have statutes specifically requiring an "organizational meeting" shortly after the election takes place. Consider why this is.
KerryL1 (California)
Posts: 14,550
Posted:
With Elle, some states like Calif require an "Organizational Meeting" of the board after directors are elected by the owners. If an open meeting state, then it must be open to owners. I don't know about MD. And it would be when the Board elects its officers--don't know if the OP's board has officers yet. Many hold this Org.Mtg. right after the annual meeting to elect directors.

In general, it'd also be when the board sets its schedule for board meeting, e.g., Tues of each month at 6pm. And maybe in some HOAs,, who writes meetings agendas would also be determined at this meeting.

But, Donte, does your HOA have no property manager? They would attend such a meeting and have models of agendas and minutes. . Their duties are in the contract with your HOA. Read it. You also must have agendas & minutes from the developer's board meetings to use as models. And sample both are easily available online.

How many on your board, Donte? Are you all brand new? What size is your HOA?

We've had a few such meetings a fw times over when most of the Board was new. They were open to owners and one owner did attend one. No owners attended the other 2-3.. Org. Mtgs. on the other hand, attract a lot of owners b/c they want to know who the president is.

Hm, why would you want this meeting closed? Don't?? Do know that IF you're voting on officers, the Board MAY use secret ballots to avoid embarrassment, hard feelings, etc. Do know what I think is a crucially import statute about non-profit corps is probably every state:

Boards govern them, NOT presidents.

I like Shaila's advice to check into CAIonline.com. When I was new, the "Board member toolkit was very helpful for me.
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By ElleN on 11/19/2024 1:10 PM
DeanJ, my recollection is that some states have statutes specifically requiring an "organizational meeting" shortly after the election takes place. Consider why this is.

This.

In Texas, there’s an Annual Open Meeting where the Board members are elected. This is followed by an Organizational Meeting - which is technically a continuation of the closed executive session from the Annual Open Meeting.

Our Annual Meetings tend to be in the summer. I don’t know if that’s a requirement. Did OP’s Annual Meeting happen recently?

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By DeanJ on 11/19/2024 12:42 PM
Posted By ElleN on 11/19/2024 8:27 AM
Posted By DonteS on 11/19/2024 3:27 AM
this is an HOA of single family and townhomes
Go to https://law.justia.com/codes/maryland/real-property/title-11b/

Then proceed to:
Section 11B-111 - Meetings of Homeowners Association or Its Governing Body

The above is the Maryland statute section that requires the aforementioned planning yada meeting of the board to be (1) properly noticed to owners and (2) open to owners.


Oh god, an open meeting to plan an open meeting.

It do get silly at times... Also counterproductive.

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