Our Clients Ask Us- Open Board Meetings

Q: We find that it is difficult to have board meetings that are productive when the unit owners attend. They tend to try and interrupt us and comment on the board’s conversations. Is it absolutely necessary that we have open board meetings?

IT DEPENDS. You have to look for your governing documents first for guidance.

1) If your Declaration or Bylaws specifically reference whether board meetings are open or not, then you must follow those provisions.

If your governing documents do not reference whether board meetings must be opened or closed, then:

1) If you live in a condominium association, all board meetings must be open to the unit owners for attendance.

2) If you live in a homeowners association, the board meetings are closed. The Board may open up meetings to the membership if it so chooses.

If an owner must be given the opportunity to attend the meeting, then attendance does not mean the owners have the ability to participate in the meeting. Owners may participate only if recognized or asked by the board or if the board designates a comment portion for that meeting.

“Executive session” is permitted for condominium associations for discussions regarding employee issues, litigation matters, other matters relating to enforcement of governing documents of the Association and discussion regarding unpaid assessments. These separate issues are discussed in executive session to protect the attorney-client privilege and/or to protect the privacy of the individuals discussed in those executive or closed sessions of the Board.

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