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Wednesday, October 27, 2021











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Subject: NC open meeting laws for committees?
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Author Messages
MichaelH34
(North Carolina)

Posts:43


10/06/2021 3:28 AM  
There's plenty of language I've found covering the need to allow members to attend board meetings (with suitable notice of the meeting beforehand) and we have set aside a part of each monthly board meeting for homeowner input.

I can't find anything that talks about committee meetings. Have I missed the language, misunderstood the language or is the silence meant to leave it to the HOAs to define as they wish?

IMO committee meetings should follow the same rules as any regular board meeting but I'd rather push for that rule based on something other than my opinion.
SheliaH
(Indiana)

Posts:4239


10/06/2021 4:17 AM  
If you haven't seen it, I 'd say it's #3. Not everything in HOA land is addressed in the documents or state law for that matter. Generally your documents allow for the board to establish committees,which explore specific issues in depth and then make recommendations to the board.

Committes aren't the same thing as the board, so it can be argued their meetings don't have to be open. then again, it's helpful to observe their work, as homeowners may have suggestions to help them. Or the committee may be trying to do some sort of end run around the board and sometimes be needs to remind them why they're there (or notify the board).

This is why I think decisions like exterior change approval are best left to the board. This type of committee may need to have closed meetings so owners don't get too disruptive. Other committees could have open meetings, but I'd skip resident forum to save time. Any concerns about the proceedings should be forwarded to the board, as they can appoint and remove committee members.

CathyA3
(Ohio)

Posts:2475


10/06/2021 4:49 AM  
Some communities treat things like violations of the CC&Rs or ARC requests and approvals as confidential, so it may be that.

But in other states or communities, these records are available for homeowner inspection, so committee meetings would be subject to the open meeting laws.
PatJ1
(North Carolina)

Posts:254


10/06/2021 4:52 AM  
Posted By CathyA3 on 10/06/2021 4:49 AM
Some communities treat things like violations of the CC&Rs or ARC requests and approvals as confidential, so it may be that.

But in other states or communities, these records are available for homeowner inspection, so committee meetings would be subject to the open meeting laws.




In NC violations are covered under privacy laws.Not sure about ARC requests.

Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
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