Non-complying Board

Heidi,

Really all you can do is to keep telling your fellow board members that the gov docs of the assn together with the GA Condo Act must be followed. However, if there is no state agency overseeing and regulating HOAs there is not much that can be done except to bring suit against the HOA for not following the law. That is a very costly process and oftentimes not worth the effort. The board will have the benefit of the assn attorney to plead their case and the cost will come from the assn treasury. You will have to foot your legal with your own money and it could run into the tens of thousands. Just keep nagging at them.

With regard to members attending meetings. If the condo act or your gov docs do not state that members have a right to attend board meetings then it is at the discretion of the board as to whether or not they should be allowed to attend. We've had many discussions about this on this forum. There are a number of people who feel the members have no business attending board meetings. I happen to not agree and also happen to live in a state that also does not agree with that philosophy. AZ has an HOA Open Meeting Law which states members have the right to attend ALL meetings of the assn (which includes board meetings) and also have the right to speak before an issue is voted on. There are several discussion issues that are exempted from this law: discussion of personal, healty or financial info about a member or an employee of the assn including employees of contractors; receiving advice from an attorney; discussion of pending and contemplated litigation; and discussion of matters relating to the job performance of an employee or employee of a contractor.

Heidi,

If your board meetings are open, where do they get the prerogative to close the meeting for financial or maintenance matters? That’s the Homeowners money being taken in and spent! The Homeowners have the right to know how their money is being managed.

Except for the few things such as mentioned by Mary, above, the board operations should be transparent to your members. The hiding of such matters only leads to suspicion if/when there are questions.