Open meeting question
My hoa architectural committee consists of the board members. If they are discussing plans, proposals, changes to guidelines, etc are they required to comply with the open meeting law, provide agendas, meeting times etc? Bylaws allow for approvals by written consent but if the meet, should it comply with the law?
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William,
Current law is extremely vague relative to committees of the board like the ARC. The statute for open meeting applies to “regularly scheduled committee meetings”. Most ARC’s meet on demand and therefore are not regularly scheduled. I will have a bill this year that will change this and make that committee subject to the open meeting law.
Dennis
Dennis,
Thanks for the information! What would be the best way for the community to support this bill?
As soon as the bill gets introduced and assigned a number I’ll let everyone know and how best to support it.
Dennis
When your President of your HOA allows two
Newly Elected (unwanted) board members
To Co-Chair The Landscape Committee, but
Removes the ARC portion out onto its own
Separate Committee!!
Meanwhile tying up the Landscape Committee
In red tape making them as ineffective as possible
While the Association Attorney states out-loud
In open meeting, he sees no purpose in having
A landscape committee. We also have pest control
To handle as well.
What are your thoughts on this?
We are a nonprofit,
Tamara,
Decision of the board are made by the entire board and not any single member of the board including the board president, unless the entire board gave the board president the power to create sub-committees as he/she sees fit. The board is empowered to create and terminate any committee that they want. To create a committee then to restrict its ability to do anything is totally asinine and a waste of time. Unfortunately, simple common sense and logic is a very rare commodity in these communities. At the next open board meeting, ask the board to explain why it created the landscape committee and what are the board’s intentions for what that committee will be intended to accomplish. I suspect that there is a hidden agenda at play here and the community should watch this very carefully. There is nothing illegal about separating the ARC into two committees, if I was on your board I would have done the same thing. The ARC’S primary purpose is design control and ascetics management for the member’s property, A landscape committee works to maintain the landscaping in the common area, two very different purposes.
Dennis