Board Meeting vs Open Meeting

Started by ChristinaR • 12 replies • 1917 views

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ChristinaR (Maryland)
Posts: 99

Posted:

We are an HOA of 102 attached homes in Maryland.

We are not a Condo Association, but an HOA.

Our management Representative told us last night that we do not have to open our monthly meetings to residents. That according to the HOA Act, we are only required to have 1 open meeting per year, the rest of our meetings are only for BOD Members. I have sent her the attached statute and she replied:

"This only applies to Open Meetings of the Board. As I stated last night, HOAs are only required to have 1 open meeting a year-which is considered your Annual."

Am I crazy or is she wrong and potentially going to put us in a very bad legal situation?

📎 Attachments (1):

📄111883071071.pdf(19 KB)

HeleneN (Connecticut)
Posts: 84

Posted:

You're not crazy! The kindest thing i can say about your property manager is that she's confused! Here in Ct., not only are we required to have open Board meetings(except where noted, as your documents are also) but the agenda must include a time for homeowners to speak.

Transparancy is the route to take.

Good Luck!

CarolR11 (Colorado)
Posts: 2,563

Posted:

What do your governing documents say, Christina? Our bylaws state that open (regular) meetings of the board must occur once a month. Other gov. docs may say quarterly.

I only skimmed your attachment and am not an attorney, but it states that the board may hold "closed" meetings only in certain circumstances.

Are you on the board? If so, it seems that the board should ask your HOA attorney for her/his interpretation of the attached. It looks to me like your mgmt. rep. is wrong.

ChristinaR (Maryland)
Posts: 99

Posted:

Our documents state that we shall have monthly meetings.

We have been holding Open Meetings for years and will continue to do so. It just concerns me that she is so certain that this law does not apply to us. It makes me wonder what else we should question.

JeanneK3 (Maryland)
Posts: 562

Posted:

In Maryland every meeting of the board and/or any committee of the board must be open and announced. You read the HOA Act correctly. Get a new management company?
Jeanne

MartinH2 (Florida)
Posts: 24

Posted:

My suggestion is as follows:

Write a formal letter to all Board members and to the management company as well as the management representative stating that based upon the Maryland REAL PROPERTY ACT, TITLE 11B. MARYLAND HOMEOWNERS ASSOCIATION ACT Md. REAL PROPERTY Code Ann. § 11B-111 (2011)as amended

"(1) Subject to the provisions of paragraph (4) of this section, all meetings of the homeowners
association, including meetings of the board of directors or other governing body of the
homeowners association or a committee of the homeowners association, shall be open to all
members of the homeowners association or their agents;"

that you insist that all Board meetings be open to all members of the HOA.

If this does not wake up the rep, ask your HOA attorney for a letter to be mailed to the management company with an explanation of the law.

The final step is a lawsuit against the rep and the management company.

Good luck

BradP (Kansas)
Posts: 2,640

Posted:

Christina:

you are right, your meetings have to be open to all members. I would have a sit down with your management company and ask where they get that interp from.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Christina, Are you on the board? Sort of sounds like it, but I'm not sure.

As with others who've replied, I'd be very concerned about your mgt. rep and her company.

ChristinaR (Maryland)
Posts: 99

Posted:

I am on the BOD. I drew the short straw and got to be president.

I plan on emailing the rest of the BOD. This is a very reputable management company, and we JUST renewed our contract in November. It just stinks that our rep doesn't seem to know MD Laws?!?!

CarolR11 (Colorado)
Posts: 2,563

Posted:

It may be that the Mgr. Rep misunderstood 3 (iv) of the attachment, which says that the AGENDA must be open to any topic once a year. Sounds kind of like a town hall type of meeting. It does not state that board MEETINGS are to be "open" once a year.

It's possible that your mgmt. rep is a poor or careless reader. But she works for the HOA not the other way around.

You say you intend to have open meetings once a month. She must follow the board's instructions to do so. If she refuses, communicate with her supervisor.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My past experience is the HOA must have an open meeting once a year and with a quorum present to elect BOD Members, make by law changes, etc.

The BOD and its Committees can meet as often as possibe to conduct business.

Now as one said, making things transparent is the key. One BOD I was on met at least monthly, all homeowners were notified, all meetings were open to the homeowners and they were invited to attend, homeowners were allowed a time to speakout prior to the meeting but not allowed to speak out not during the meeting nor were they allowed to attend "executive sessions".

We had "exedcutive sessions" listed on each agenda but we kept those "executive sessions" to a minimum. They were where we got criticism about and had to explain why such. We often said an example is where one owner complained about another owner and until we had "invetigated/dealt" with it, we would not publically name either party.

If things are open and transparent, there will be less issues. Keep them such.

TimB4 (Tennessee)
Posts: 21,047

Posted:

Quote:

Posted By ChristinaR on 01/18/2012 12:03 PM
I am on the BOD. I drew the short straw and got to be president.

I plan on emailing the rest of the BOD. This is a very reputable management company, and we JUST renewed our contract in November. It just stinks that our rep doesn't seem to know MD Laws?!?!

Well at least you found out early. This means that you must trust but verify everything they tell you.

As for the immediate issue of the conflicting opinions, inform the MC that irregardless of who is correct, you are interpreting the law that the meetings need to be open and therefore, you, as president, will err on the side of caution and all meetings will be open except for executive sessions. If you get flack, ask that the management company provides a new representative to your Association.

Tim

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By JohnC46 on 01/18/2012 2:05 PM
My past experience is the HOA must have an open meeting once a year and with a quorum present to elect BOD Members, make by law changes, etc.

The BOD and its Committees can meet as often as possibe to conduct business.

Now as one said, making things transparent is the key. One BOD I was on met at least monthly, all homeowners were notified, all meetings were open to the homeowners and they were invited to attend, homeowners were allowed a time to speakout prior to the meeting but not allowed to speak out not during the meeting nor were they allowed to attend "executive sessions".

We had "exedcutive sessions" listed on each agenda but we kept those "executive sessions" to a minimum. They were where we got criticism about and had to explain why such. We often said an example is where one owner complained about another owner and until we had "invetigated/dealt" with it, we would not publically name either party.

If things are open and transparent, there will be less issues. Keep them such.

John...it really depends on the state...Kansas has open meeting laws, so any time our board gets together it has to be open and residents notified.

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