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Subject: open Board meeting, kinda?
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Author Messages
MarilynN1
(Michigan)

Posts:26


02/14/2020 6:18 AM  
Have you ever heard of having a Board meeting once a month and is open to the community for the first 15 minutes to listen, ask a question, or state a problem and then are required to leave? This is a condo community I lived in in Michigan. They felt they could then discuss matters like non-payment or disruptive owners, etc.
MarkW18
(Florida)

Posts:746


02/14/2020 6:33 AM  
Yes, actually I have
JohnC46
(South Carolina)

Posts:9322


02/14/2020 8:05 AM  
Marilyn

Some discussions of the BOD are private and confidential to the BOD. Legal matters, personnel matters, debt collection, payment arrangements, accusations against fellow members, etc. such talk/discussion id done in Executive Session which means nobody other than BOD Members are present.
DeidreB
(Virginia)

Posts:78


02/14/2020 8:09 AM  
Yes.

In Virginia and in accordance with the By Laws, our current & previous HOA's were required to have open board meeting for members to come watch the meeting and an open forum to allow them to ask questions or raises concerns during the open forum.

If required, our board held executive sessions, often at the end of the board meetings (but they could have been held at the beginning too or perhaps even separately). The executive sessions allowed the board to discuss certain sensitive matters without members in attendance. Our state law and By Laws spell out what items can be on an Executive Session agenda but generally deal with adverse actions, personnel actions, contract negotiations, etc... In our HOA the executive session is not exempt from meeting notices being sent to the community but the details can be left out.

Once a month is not atypical. Our By Laws require at least quarterly.

I am not from your state but could it be that your board wants have open lines of communication with the community and so they are meeting monthly to allow opportunities to engage with members and then are addressing sensitive matters in executive session?
KerryL1
(California)

Posts:7052


02/14/2020 8:12 AM  
Is Michigan an open meeting state? If not, the board doesn't need to invite Owners to board meetings at all unless in their bylaws.

If Michigan is an open meeting state, the legislation will say what the board should discuss & vote on in the open meetings. Owners should be able to hear & see the board deliberate about various HOA matters and vote on them.

Others mentioned there are some topics that should be discussed in a "closed" meeting or executive session. In some HOAs, the open meeting is adjourned, owners leave and the board stays to discuss and vote on these confidential topics.
SheliaH
(Indiana)

Posts:3061


02/14/2020 9:51 AM  
The part where they discuss delinquencies and CCR violations would be considered an executive session - and yes, they are permitted to do this because these are sensitive issues that may or may not result in legal action by the association.

Some associations do this every meeting - in my community, we would discuss delinquencies in open meetings, but use account numbers to refer to the homeowners involved to maintain privacy. CCR violations rarely came up as our management company did a good job in sending out violation notices, and as for disruptive homeowners, our courtesy officers (off duty cops) can be contacted and they also do a good job in addressing that (lately these issues have been rare, thank goodness).

Beyond delinquencies and CCR violations, I hope the rest of your meeting is open so homeowners can hear the conversations on issues like selecting vendors or preparing the budget and leave the executive session part near the end. The board doesn't have to let homeowners ask questions or make comments on those matters - in fact, we don't allow that to ensure we get through all of the agenda items. The board could always add a second 15-minute resident forum before going into executive session.
CathyA3
(Ohio)

Posts:836


02/14/2020 10:14 AM  
My community used to do that as well. Ohio is not an open meeting state.
GeorgeS21
(Florida)

Posts:2336


02/14/2020 4:21 PM  
Marilyn,

What do Michigan laws say?

What do your governing docs say?
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Forums > Homeowner Association > HOA Discussions > open Board meeting, kinda?



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