Board Meetings / Attendance / Minutes

[Guest Dave Lushbaugh]

Condominium Homeowners Association (non-profit corporation) - Board of Directors Meetings:

I wish to attend some, maybe all, Board meetings. The Board has not issued a schedule of their meeting dates/times location. I plan to request them to do so, but want to know if my request is sound. And, if going into executive session, they must first announce the purpose in open session.

If I understand the by-laws correctly any meeting where there is a quorum (3 of the 5 Board members present) may be attended by association members. Since all meetings are open, it follows that a schedule must be issued?

Verbatim from the By-Laws:

Conduct of Meetings. The President shall preside over all meetings of the Board of Directors and the Secretary shall keep a minute book recording therein all resolutions adopted by the Board of Directors and a record of all transactions and proceedings occurring at such meetings. A Majority of directors shall constitute a quorum for the transaction of business. One or more directors who participate in a meeting by means of telephone or electronic communications shall be deemed present and in attendance for all purposes at such meeting, provided all persons participating in the meeting can hear each other.

Open Meetings. All meetings of the Board shall be open to all members, but members other than directors may not participate in any discussion or deliberation unless expressly so authorized by the Board. Notwithstanding the above, the Board may adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or may become involved, and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session.

[George Mervosh]

We cannot offer interpretations of a group's governing documents.

Under the rules in RONR, if you're not a member of the Board you have no right to attend their meetings or be a part of them in any way, or be notified of them, and they can go into executive session any time (or all the time) for any reason or no reason.

Applicable procedural rules in statute and your governing documents take precedence over the rules in RONR.

[Rev Ed]

Based on what you have quoted, then yes you could attend the open portions of the Board meetings, and should ask the Board about when the meetings will be taking place.

[Tim Wynn]

Since this is an HOA, requirements for the notice that you're intending to request may already exist. You may want to consult others in your group who are more familiar with the rules, or you may want to contact a professional.

[Guest Edgar]

. . . you may want to contact a professional.

A professional . . . . ?

(I'm tempted to insert "bartender" though I suspect that's not what you had in mind.)

[George Mervosh]

A professional . . . . ?

(I'm tempted to insert "bartender" though I suspect that's not what you had in mind.)

Some of us in the 2FP multi-task quite well, sir.

[Tim Wynn]

A professional . . . . ?

(I'm tempted to insert "bartender" though I suspect that's not what you had in mind.)

I meant George, but I wasn't sure what to call him.