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Member attendance at meetings of the board in a HOA


Guest djbentley10@gmail.com

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Guest djbentley10@gmail.com

The bylaws of the HOA do not prescribe or proscribe that membership attendance of meetings of the board is permissible or not.  The bylaws of the HOA do not prescribe or proscribe notice of the meetings to the membership for the meetings of the board of our HOA.  However, the bylaws do prescribe that notice to board members of the board requires a 15 day notice.  Since the HOA membership elects the board members, does Roberts Rules address whether or not the membership is entitled to attend meetings of the board with the exception of executive sessions involving legal matters?  Or, do the bylaws prevail?  If the bylaws prevail and there is a conflict of state law regarding HOA membership being permitted to attend meetings of the HOA board, which body of direction/law prevails?  Thank you.

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46 minutes ago, Guest djbentley10@gmail.com said:

Since the HOA membership elects the board members, does Roberts Rules address whether or not the membership is entitled to attend meetings of the board with the exception of executive sessions involving legal matters

So far as RONR is concerned, only members of the board have a right to attend board meetings. The board may, however, permit members to attend if it wishes to do so. The membership may also adopt rules on this matter.

49 minutes ago, Guest djbentley10@gmail.com said:

Or, do the bylaws prevail?

The bylaws prevail over RONR, but you say that the bylaws are silent on this subject. 

50 minutes ago, Guest djbentley10@gmail.com said:

If the bylaws prevail and there is a conflict of state law regarding HOA membership being permitted to attend meetings of the HOA board, which body of direction/law prevails?

State law prevails over the bylaws and RONR.

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