ConnieS1 (Washington)
Posts: 10
Posts: 10
Posted:
Are committee meetings subject to open meetings? Such as Finance and Violations and Staff meetings?
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Committee Meetings
Started by ConnieS1 • 13 replies • 1279 views
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EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Connie,
What would be the problem with open meetings?
What would be the problem with open meetings?
AnneH2 (Florida)
Posts: 82
Posts: 82
Posted:
Would depend upon your docs and state law.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Probably not required, since the committee is simply in an advisory role that serves the Board. The Board receives the report and decides what to do.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
If the Association has set a policy of open Board Meeting, they are doing a disservice if they don't allow open Committee Meetings.
I am amazed that there would be a question about this. In the first place why would a Board or a Committee want to conduct association business behind closed doors? It is the Association Business that is being conducted. How many Boards violate the Executive Session Meeting Laws now. When you close a committee or a board meeting you are in effect just adding another Executive session for the wrong reason.
I am amazed that there would be a question about this. In the first place why would a Board or a Committee want to conduct association business behind closed doors? It is the Association Business that is being conducted. How many Boards violate the Executive Session Meeting Laws now. When you close a committee or a board meeting you are in effect just adding another Executive session for the wrong reason.
JeanneK3 (Maryland)
Posts: 562
Posts: 562
Posted:
Maryland law states that committee meetings must be open.
DavidW5 (North Carolina)
Posts: 565
Posts: 565
Posted:
Quote:
Posted By JeanneK3 on 03/06/2009 6:28 AM
Maryland law states that committee meetings must be open.
Maryland law states that committee meetings must be open.
Same in Virginia.
HeidiW (Georgia)
Posts: 3
Posts: 3
Posted:
I am on the HOA Board and we do not allow homeowners to join our monthly meetings about Financials/maintenance issues. We only allow homeowners to meetings if we are required to get 2/3 vote on a particular matter. I am not particular happy with the way our HOA Board is run, we have many maintenance issues that are not being addressed and we are not in compliance with the GA Condominium Act. Does anyone have any suggestions on what I may do to get some resolution to these problems?
KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
I had taken this from Washington State Legislature:
RCW 64.38.035
Association meetings — Notice — Board of directors.
(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.
(2) Except as provided in this subsection, all meetings of the board of directors shall be open for observation by all owners of record and their authorized agents. The board of directors shall keep minutes of all actions taken by the board, which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The board of directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.
As I had mentioned in another thread, I would assume you could have a closed meeting, but any motion or action would be voted on in the open meeting. I am not certain if my interpretation is correct, but that is my opinion.
RCW 64.38.035
Association meetings — Notice — Board of directors.
(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first-class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.
(2) Except as provided in this subsection, all meetings of the board of directors shall be open for observation by all owners of record and their authorized agents. The board of directors shall keep minutes of all actions taken by the board, which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The board of directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.
As I had mentioned in another thread, I would assume you could have a closed meeting, but any motion or action would be voted on in the open meeting. I am not certain if my interpretation is correct, but that is my opinion.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Connie,
The AZ Open Meeting Law requires ALL meetings of the assn to be open to all members. So, that would also include committee meetings. According to the WA statute Kevin posted, all board meetings are to be open to members but there is no mention of any other type meetings. IMO, IAW this statute committee meetings are not required to be open to the members.
The AZ Open Meeting Law requires ALL meetings of the assn to be open to all members. So, that would also include committee meetings. According to the WA statute Kevin posted, all board meetings are to be open to members but there is no mention of any other type meetings. IMO, IAW this statute committee meetings are not required to be open to the members.
DonaldM3 (South Carolina)
Posts: 132
Posts: 132
Posted:
Heidi,
If your board meetings are open, where do you get the prerogative to close the meeting for financial or maintenance matters? That’s the Homeowners money you are taking in and spending! Don’t you feel they have the right to know how their money is being managed?
Except for a few things such as Lawyer/Client privilege or the names of HO’s who are late with their assessments, the board should be transparent to your members. The hiding of such matters only leads to suspicion if/when there are questions
If your board meetings are open, where do you get the prerogative to close the meeting for financial or maintenance matters? That’s the Homeowners money you are taking in and spending! Don’t you feel they have the right to know how their money is being managed?
Except for a few things such as Lawyer/Client privilege or the names of HO’s who are late with their assessments, the board should be transparent to your members. The hiding of such matters only leads to suspicion if/when there are questions
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Committee meetings are not Board meetings or meetings of the directors (although there could be a director on the Committee) Our Bylaws say Board meetings are open to Members. It does not say ALL meetings.
If someone wants to know what's going on at a Committee meeting, then become a member of that Committee. Most times, the President or the Board appoints the committee and charges it with a mission. Committees have a head or chairperson.
The Board will hear the report of the committee, and approve its budget, requests, events, etc. At that time Members can hear what's going on. Really, committees don't have any power not given to it by the Board or in the Bylaws.
Note: ARC's are a horse of a different color and what I am reading about them in certain states, they do have powers other than those given by the Board, so ARC meetings may be an exception. But documents should be more specific.
If someone wants to know what's going on at a Committee meeting, then become a member of that Committee. Most times, the President or the Board appoints the committee and charges it with a mission. Committees have a head or chairperson.
The Board will hear the report of the committee, and approve its budget, requests, events, etc. At that time Members can hear what's going on. Really, committees don't have any power not given to it by the Board or in the Bylaws.
Note: ARC's are a horse of a different color and what I am reading about them in certain states, they do have powers other than those given by the Board, so ARC meetings may be an exception. But documents should be more specific.
GordonD1 (California)
Posts: 131
Posts: 131
Posted:
Hello all:
We usually advertise in our monthly newsletter when the next landscape, finance, maintenance and social committee is going to be. We always welcome the homeowners and residents to come forward and participate if they
want and have the time to do it. (We also encourage the homeowners/residents to e-mail the property manager if they have any concern that they want to be address by any of the committees). Usually we only have the attendance of the committee members. From time to time we have homeowners/residents come forward with any maintenance request, etc.
We usually advertise in our monthly newsletter when the next landscape, finance, maintenance and social committee is going to be. We always welcome the homeowners and residents to come forward and participate if they
want and have the time to do it. (We also encourage the homeowners/residents to e-mail the property manager if they have any concern that they want to be address by any of the committees). Usually we only have the attendance of the committee members. From time to time we have homeowners/residents come forward with any maintenance request, etc.
RobertR1 (South Carolina)
Posts: 5,164
Posts: 5,164
Posted:
HeidiW,
In answer to your question.
Take the time to read through the different rationals concerning whether the Committee Meetings should be open to all members.
Pick the ones that seem to suggest peace and harmony and an open and pleasant place to live. Then go to your association and tell them, "this is how I think we should live", and I will work as hard as I can to use my one vote to achieve this end. You may lose the battle, but if you do, you will be happier working for what is fair and open than you will be supporting some negative principle.
Strictly a personal viewpoint and I am sure legitimate arguments can be made in opposition. But it works for me and as long as your aim is to protect and perserve the association you can be comfortable. I say again read the postings here and after each post is read, ask your selve if you feel good or bad about what is said.
You have asked for suggestions to resolve your problems. best I can do is try to suggest a good way to tell if you have problems. If it don't feel right, it probably isn't.
In answer to your question.
Take the time to read through the different rationals concerning whether the Committee Meetings should be open to all members.
Pick the ones that seem to suggest peace and harmony and an open and pleasant place to live. Then go to your association and tell them, "this is how I think we should live", and I will work as hard as I can to use my one vote to achieve this end. You may lose the battle, but if you do, you will be happier working for what is fair and open than you will be supporting some negative principle.
Strictly a personal viewpoint and I am sure legitimate arguments can be made in opposition. But it works for me and as long as your aim is to protect and perserve the association you can be comfortable. I say again read the postings here and after each post is read, ask your selve if you feel good or bad about what is said.
You have asked for suggestions to resolve your problems. best I can do is try to suggest a good way to tell if you have problems. If it don't feel right, it probably isn't.
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