1 Response

1. 

   Dennis Legere

   July 21, 2025 at 5:25 pm

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   Daniel,
   While the planned community open meeting law implies that the open meeting law applies to committees of the board, it does not specifically identify the ARC as a mandatory committee. The language put into the law before my involvement was specifically “Regularly Scheduled Committee”. This is a meaningless parameter, and CAI and AACM were aware of this when they included it. Since when is the significance of a meeting determined by the scheduling of that meeting? Other than the board meeting, there is no association-specific committee meeting that is more significant than the ARC. I’ve tried to change this in every bill I’ve ever proposed for modifications of the open meeting law. Through the years, I’ve seen associations establish significant committees that meet monthly, but the association in the charter for that committee classified that committee “As not regularly scheduled” to get around the language of the law.

   Most ARC’s are scheduled based on modification requests and may be very intermittent and, as such, are not currently required to be subject to the open meeting law. If the ARC is, however, scheduled on a monthly or any other regular basis, then it will be subject to the open meeting law, and phone or email actions by unanimous consent would be illegal.

   This is incorrect and needs to be changed. Please, anyone reading this post today, write your elected legislators and demand that they correct this loophole in the law. They can contact me at any time to go over my current proposed modification to the open meeting laws for these communities. I would safely state that those specific sections of law are directly violated multiple times every day of the year in the communities in this state. There is no statute that is more frequently violated with impunity.

   Dennis

   Dennis