private meetings of board

[Guest sls]

If a homeowner's association follows Robert's Rules, does the executive board have to allow the members to attend its meetings, or can they have private meetings?

[Gary Novosielski]

If a homeowner's association follows Robert's Rules, does the executive board have to allow the members to attend its meetings, or can they have private meetings?

According to RONR, the only people who have the right to attend board meetings are the members of the board. They are free to allow others to attend.

But your bylaws may have other rules that give members other rights.

[Kim Goldsworthy]

If a homeowner's association follows Robert's Rules,

does the executive board have to allow the members to attend its meetings,

or can they have private meetings?

If Robert's Rules of Order applies, and if there is no superior confounding rule to interfere with the plain application of Robert's Rules of Order, then:

• A board may meet 100% in executive session (a closed session, where no non-board-members are allowed to see or hear the deliberations).

• Nonmembers of a board or a committee have no right to see or hear or attend a meeting of that board or a committee.

***

With that said, I feel I must mention the confounding variable.

Home Owners Associations are usually tightly controlled by state law.

As such, in many states, the plain application of Robert's Rules of Order is impossible (illegal), since one popular legal requirement is that home owners who are not members of the board are often granted the legal right to attend the meetings of their board.

We can answer questions about RONR TENTH EDITION (2000, DaCapo).

We cannot practice law and tell you what your state's law says about HOAs.

Consult your legal counsel for the particulars in your geographic area.

[Guest Samantha]

Do the minutes to closed session have to be posted for the homeowners to view?

[Kim Goldsworthy]

Do the minutes to closed session have to be posted for the homeowners to view?

• Under Robert's Rules of Order?

A solid "No!"

• Under the legal requirements of your state applicable to Home Owners Associations?

Unknown. - We do not practice law.

[Gary Novosielski]

• A board may meet 100% in executive session (a closed session, where no non-board-members are allowed to see or hear the deliberations).

As I understand it, executive session refers to the confidentiality of the information, not to who may or may not attend. There is no prohibition against having an executive session in which non-board-members, or even complete strangers are invited to attend.

[Guest Ricker8]

If a club not a home owners assn. has a constitution which has no mention of a closed session allowed by the board but does mention that club members are allowed to attend board meetings, is the board allowed to have "executive' seesions? Our constitution does state that we will follow RROO for our meetings both general and board.

[hmtcastle]

If a club not a home owners assn. has a constitution which has no mention of a closed session allowed by the board but does mention that club members are allowed to attend board meetings, is the board allowed to have "executive' seesions? Our constitution does state that we will follow RROO for our meetings both general and board.

The proper interpretation of bylaws requires reading them in their entirety, something that's beyond the scope of this forum.

But the fact (if it is a fact) that general members have the right to attend your board meetings does not prevent the board from meeting in executive session. General members would be required to maintain the same confidentiality as board members.

[Gary Novosielski]

If a club not a home owners assn. has a constitution which has no mention of a closed session allowed by the board but does mention that club members are allowed to attend board meetings, is the board allowed to have "executive' seesions? Our constitution does state that we will follow RROO for our meetings both general and board.

Executive Session means that the proceedings are secret. It does not mean that anyone with a right to attend can be thrown out. It does mean that anyone with no right to attend can be asked to leave, but that is true at all times, not just in executive session.