Are special committee (committees who do not have any board powers) meetings required to be open to the public?

I am on a special finance committee for our HOA that does not have any board powers. We provide financial review/budget monitoring support to the HOA Board, who makes the determination as to any action to be taken as a result of our committee's work. We would prefer to keep our meetings closed to the public as we sometimes address things such as contracts coming up for renewal and other privelaged HOA business. Also, since much of what we deal with requires accounting skills to understand, we don't want any homeowners attending a meeting and taking something out of context and repeating that to the community.

We do not believe we are subject to the Illinois 5 ILCS 120/ Open Meetings Act, nor do we feel that we are subject to the requirements for public meetings in the Illinois Condominium Propert Act since we have no HOA Board powers, but can't find any written resources that provide specific direction for HOA committees that do not have board powers. Is anyone aware of any resources that would give us clear dirction on this question?

Thanks for your help!

Susan,

First of all, just because your committee has no authority would not mean they are not subject to the provisions of your gov docs and/or any state law pertaining to condos.

Secondly, the 5 ILCS 120/Open Meetings Act pertains to public bodies. HOAs are not public bodies, but rather private organizations.

Lastly, I took a quick look at the IL Condo Property Act and I don't believe it pertains to committee meetings as it only refers to BOD meetings being open to the membership.

Since your committee is advisory only - as opposed to making financial or procedural decisions outside of a bord meeting - I doubt if you are under obligation to invite the general membership to your committee meetings.

Hi Susan,

I’m in IL in a condo. Mary is correct as I understand the IL Condo Act. Meetings of the Board of Directors are open to the members with some exceptions – this is addressed in the IL Condo Act.

http://www.ksnlaw.com/E02E82/assets/files/Documents/IllinoisCondominiumPropertyActJune2008.pdf

Sec. 18. CONTENTS OF BYLAWS. The bylaws shall provide for at least the following:
(a)…….

(9) that meetings of the board of managers shall be open to any unit owner, except for
the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal, or when the board of managers finds that such an action is probable or imminent, (ii) to consider information regarding appointment, employment or dismissal of an employee, or (iii) to discuss violations of rules and regulations of the association or a unit owner's unpaid share of common expenses; that any vote on these matters shall be taken at a meeting or portion thereof open to any unit owner……

I also could not find any references to committees in the Act (but may have missed a reference). I would suggest looking at your governing docs. Our By-Laws address the formation of committees, types of committees, make-up, etc. But there is no requirement specified that committee meetings be open to the members. The committees would report back to the Board with their recommendations during a Board of Directors meeting which is open to the members.

We have operated with this understanding for close to 15 years.

Although, we do not have committees with homeowners on them as per our By-Laws - our "committees" are made entirely of all of the Board members and their meetings may be crossing the line between committee meetings and Board meetings (IMO) – but that would be a topic for a new thread.

Hope this helps,
Bonnie

Having seen Robert’s response, here is a P.S.

Regarding powers of a committee, this is what our By-Laws state:

Section 5 of our By-Laws gives the Board the authority “To delegate the exercise of its power to committees appointed pursuant to Section 7.01..”

Section 7.01, Board Committees: basically states that Board may designate such Board Committees via a resolution adopted by a majority of Directors; consists of 2 or more Directors; they “shall have and exercise the authority of the Board in the management of the Association”; but does not relieve Board of their responsibilities etc.

This sounds to me like a Directors only committee – which is what we apparently have (although all Directors are on them, and we never formed them via a resolution that I can recall).

Section 7.02 refers to Special Committees – are formed by majority of Directors via resolution adopted by majority of Directors at a meeting; comprised of Owners; do not have nor exercise the authority of the Board.

Bonnie

Bonnie,
I think Susan from Michigan says, "If it ain't in writing, it ain't.

I agree to that most of the time.
But as far as individual Regimes, who knows, our doc state the Board has the authority to appoint "Officers" of the Board. Owners appoint by the Board to perform a specific function. They have no Board authority to act, but they have the Board authority to formulate, research, investigate and report, they also have no vote on the Board. We have never utilized this but it seems to me, it could prove a helpmate to the Board.

Your last sentence I believe is saying the committees do not have enforcement or action powers of the Board, but they conduct association business under the authority of the Board.

Maryland Law states that committee meetings must be open.

Robert,

That quote is from my earlier response but you didn't copy it correctly. I said: "therefore I conclude this committee does NOT have to open their meetings to the members."

Ourcommittee meetings are often held in member's homes or the half hur before the Board meeting. Darn if I want 10 non-involved people in my home when we formulate a recommendation to bring in front of a board for more of their discussion/debate and a vote.

I guess I think you need to come up with something better in my book. Those 10 uninvolved people have a vested interest in the proceedings of your committee. While I have some sympathy for your not wanting a large crowd in your home, it doesn't sway my opinion that they should be allowed. If that poses a problem find another place to meet. (Maybe even ask one of the 10 to host the meeting though not a part of the group.)

As a note, though they don't get a vote I think if you fail to get some feedback from your 10 non-member attendees you are doing a dis-service to your association. They may hold some valuable insight. They could also represent the group that reseats the entire board if things go awry. Why not find out the objections early?