Can a Board restrict who attends an HOA meeting

Started by JW4 • 24 replies • 4882 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JW4
Posts: 31

Posted:

Here are the facts. We are nine units, I am the legal owner but my fiancee lives with me and is not on title. I wanted him to attend the HOA annual meeting. Our By-Laws state that "owners can attend the annual meeting". Is there any way to get aroud this?

MelissaM4
Posts: 27

Posted:

The By Laws for my community do not state anything on who can attend the meeting only who can vote. Therefore, I would say your fiance could attend, but could not vote.

JonD1
Posts: 2,310

Posted:

Seems you answered your own question only unit owners can attend.

How would it be possible for anyone other then unit owners to attend?

You would have no control over who attended. I would suggest you abide by the governing rules and not try to get around them as they are designed to protect you and your property.

MaryA1
Posts: 6,993

Posted:

But, Jon, it doesn't say a non-owner cannot attend, only that an owner can. I so no reason why this non-owner cannot attend a meeting of the assn. In my former assn the live-in boyfriend of one of the owners attended meetings regularly. In fact, he volunteered for various functions such as helping with landscaping chores and staking out the park when we were having a problem with eggers targeting houses and vehicles. Renters should also be welcome to attend the meetings so they know what is going on in the community. Of course non-members cannot vote or have a say in the issues being discussed, but I see no reason why they cannot attend the meetings.

JW4
Posts: 31

Posted:

Mary, I feel the same way you do. It does not state that non-owners cannot attend. Of course, only an owner can vote. My attorney was going to attend a meeting last year. When I brought this up to the President he answered but he was going to represent me. I cannot find anything in the Washington state RCW codes about this topic other than the definition of an owner.

MicheleD
Posts: 4,427

Posted:

We have several homeowners in our HOA who bring their live-in aging parents to the meetings.

I hope my daughter takes me to better social engagements when I move in with her . . .

JW4
Posts: 31

Posted:

That was helpful.

MicheleD
Posts: 4,427

Posted:

You're welcome.

The point was, they were not members of the association, but they are still welcome. They just can't vote.

Lighten up.

BrianB
Posts: 2,787

Posted:

if your HOA insists that ONLY owners can attend, i would make sure that every spouse who attends is also on the title as a co owner.

if not, no spouse either.

KathyS
Posts: 137

Posted:

The Board tried the same scenerio in our association. When they discovered it meant their children and their spouses who's names weren't on the deed couldn't attend, they backed down.

BradP
Posts: 2,548

Posted:

While I agree that the HOA should allow non members to attend the meeting, lets go back to the original question.

Yes, the board can stop non-members from attending meetings. The documents don't say they can't attend, but they also don't say they can. IMO the board has the right to not let non members in, but also IMO the board would be stupid to do so.

BrianB
Posts: 2,787

Posted:

brad is right. i dont own stock in Xerox, and thus, i cannot walk into a Xerox board meeting without an invitation. Private company, private meeting, they can allow who they want.

hoatalk (Other)
Posts: 507

Posted:

Quote:

Posted By BrianB on 04/26/2008 8:05 AM
brad is right. i dont own stock in Xerox, and thus, i cannot walk into a Xerox board meeting without an invitation. Private company, private meeting, they can allow who they want.

Excellent point. The point that many owners may not understand is that the HOA is actually a private corporation (normally) with a Board of Directors, Bylaws, etc. The owners are the legal members and the HOA meetings are legal business of the corporation, not a community social gathering. It is closer to Xerox in many ways than other community groups like a social club or community service group.

HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page)

JW4
Posts: 31

Posted:

Thanks everyone. I think it is shortsighted on the Board's part. I am not surprised in this situation. I am asking a lawyer who is a friend of mine today since I could not reach mine.

JW4
Posts: 31

Posted:

Sorry, I missed the HOA talk comment. So, lets say that we were married and he is not on legal title, he still cannot come with me? They were fine when my lawyer was going to attend for an unrelated matter last year.

BradP
Posts: 2,548

Posted:

JW:

Ask them why a non-member cannot attend...find out their reasoning and go from there. To answer your other question, yes, if the person is not on the legal title to the house they are not members and could be excluded. Read your documents, ours gives the owners the ability to send someone in our place if we can't attend. I agree it is shortsighted not to allow nonmembers to attend, especially if they have an interest in what is going on, but it is within their right.

SusanW1
Posts: 5,197

Posted:

The Board has LITTLE power at the Annual Meeting of the Members. This is NOT their meeting! In fact, IMHO, Board members should sit in the audience and rise to give their reports and the only people at the front should be the recording secretary and a presiding officer. (usually the president and the secretary - but don't have to be)

The Board can restrict who attends the Board meetinga, but never the annual meeting.

Also - our State Non-Profit Corporation Act says that tenants-in-common have all the rights as one lone tenant (as long as only one casts the vote)

BradP
Posts: 2,548

Posted:

Susan:

I disagree...the board has the right and power to keep strangers of the street out of member meetings...

SusanW1
Posts: 5,197

Posted:

This is under the Members'Annual Meeting rules.

That meeting is NOT a Board meeting!!

The Board members are simply general Members at that meeting.

SusanW1
Posts: 5,197

Posted:

Ther person talked about in the original post is not "off the street."

He lives with a voting member, and if he is a tenant in common, also has rights.

BradP
Posts: 2,548

Posted:

Who chairs the meeting?

what you are saying is if I want to bring the entire state of michigan to attend your meeting there is nothing you can do to stop me?

SusanW1
Posts: 5,197

Posted:

The president of the Board usually presides at the Annual meeting, but it is not mandatory.

A motion (to suspend the rules) can be made at the beginning of this meeting to have Joe X preside, and if it passes by a majority vote of the Members, he presides.

I have said it before may times - the COLLECTVE MEMBERSHIP is THE most powerful arm of the HOA. (Most just don't know it))(insert smiley face)

BradP
Posts: 2,548

Posted:

you didn't answer my question, am I allowed to bring the entire state of michigan to your owners meeting?

The answer is no, your association may allow it, but you don't have to.

MelissaM4
Posts: 27

Posted:

In the By Laws for my community it states "If a dwelling is leased to a tenant, such tenant shall not be entitled to vote as a Memeber in the Association (unless given a written proxy to do so by the Owner therof.)

Good luck!

JW4
Posts: 31

Posted:

Each state has there own laws, but I think to keep things simple, I will attend at this point.
By the way, the analogy that someone can come off the street really does not apply. I am just trying to keep within the facts.
Thanks again.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here