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EliseH (Colorado)
Posts: 4
Posted:
Is it legal to have a Board openly discuss homeowner violations and particular homeowners in public meetings?

I was under the impression all personal building submittals and violations were supposed to be kept private to maintain privacy of the homeowners.

Likewise, can a board list all violations/violators, on a closed website for all homeowners to view?

I was under the impression letters to violators were to be kept private to maintain privacy for the homewoner and not have nosy neighbors involved in the process.

Thanks in advance.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here's the thing about privacy in a HOA. Board meetings are designed to be "Open" to ALL members. The only time a board officially meets to make decisions is at the OPEN board meetings. Unless your documentation allows for executive/private board meetings behind closed doors, everyone's dirty laundry is going to be spilled onto the floor.

This is the frustrating part about HOA's that members don't get. If your board can ONLY conduct business in an open meeting for transparency of their operations, then why should they complain when a letter they submitted to the board is read? It's only fair that ALL board members have the facts of a situation for them to make a decision. It's NOT like they are trying to hide anything or operate behind their member's backs. Remember Board positions are there to REPRESENT the general membership on the DAILY operations of the HOA on their behalf. That means that you as a general member/owner don't have to have a heavy hand in handling the daily issues a HOA faces. You have voted someone else who is willing to do it for you. That is why your vote is very important. It allows you to vote in a representative on your behalf but also can allow you to remove that person and/or change/adapt new rules of your HOA.

My policy was to read letters submitted to our board at our meetings. If it indeed was a private type of issue, I would leave names out of it and may discuss outside of the typical meeting. Not that I was hiding anything but making it a bit more politically correct once I presented the issue at the Board meeting for a vote/consideration.

If you want a resolution to your problem, how else do you think it should be handled? You don't want your board to be transparent and open with you and everyone? You have a right to know as a member what issues your HOA is dealing with. Sorry it can't be handled in a secretive behind the doors way the HOA gets accused of almost everyday IF they did handle the issue that way. You can't have it both ways...

Former HOA President
BrianB (California)
Posts: 2,820
Posted:
All members of the HOA belong to the same little "company". Board meetings are open to all members of that little group. They are NOT open to the public (typically). So, such dirty laundry and 'private' details are not given to the public, they are only mentioned to other members of the company you all belong to.

So yup, it's typically legal to do what you describe.
EliseH (Colorado)
Posts: 4
Posted:
Ok, thanks everyone for your responses. I really appreciate it.
TimB4 (Tennessee)
Posts: 21,047
Posted:
Quote:
Posted By EliseH on 12/13/2011 6:41 AM
Is it legal to have a Board openly discuss homeowner violations and particular homeowners in public meetings?

Typically, the language about what is discussed in executive session uses the word "may". This word choice gives the Board a choice to hold discussions in the open or in private. Personally, I would keep them private. However, the choice is the Boards.

Quote:
Posted By EliseH on 12/13/2011 6:41 AM

Likewise, can a board list all violations/violators, on a closed website for all homeowners to view?

This is a discussion that has come up many times on this site. Again, the language choice is usually "may" which gives the board the option.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By EliseH on 12/13/2011 6:41 AM
Is it legal to have a Board openly discuss homeowner violations and particular homeowners in public meetings?

Likewise, can a board list all violations/violators, on a closed website for all homeowners to view?

I would expect any HOA/POA/COA board to do just that and I would be damn suspicious if these discussions were not held in an open meeting.
CarolR11 (Colorado)
Posts: 2,563
Posted:
In Calif., owner discipline topics are discussed in Executive Session:
-----------------
DAVIS-STIRLING ACT
Civil Code ยง1363.05. Open Meeting Act.

(a) This section shall be known and may be cited as the Common Interest Development Open Meeting Act.

(b) Any member of the association may attend meetings of the board of directors of the association, except when the board adjourns to, or meets solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member's request, regarding the member's payment of assessments, as specified in Section 1367 or 1367.1. The board of directors of the association shall meet in executive session, if requested by a member who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session. . . .

Read more: Davis-Stirling Act http://www.davis-stirling.com/Laws/DavisStirlingAct/CivilCode136305/tabid/879/Default.aspx#ixzz1gYTJ84Dq
from Davis-Stirling.com by Adams Kessler PLC.
---------------------------

The board's decisions are summarized in the next regular or open meeting. So while we may announce that "a $100 was assessed to an owner's account for liquid flowing from their balcony," we would not say the owner's name or unit number since executive session matters are confidential.

I to have seen pros & cons at this site of naming offenders for all the HOA to see and IMHO that practice seems too heavy handed & punitive. Most of our violations and dues delinquencies are from otherwise good citizens of our HOA.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Our board will discuss a property in question, defining it by its address but not by the owner's name nor any tenant's names. After all, any dues collections efforts or fines attach to the deed in the form of liens, making the property address more fitting. Also, adding insult and humiliation by dropping names in an open meeting isn't necessary. The goal is collecting money or correcting a violation. Nothing more.

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