Current through Register Vol. 56, No. 18, September 16, 2024
(a)
The bylaws of the association shall include a requirement that meetings of the
executive board where a binding vote of the executive board is to be taken
shall be open to attendance by all association members and voting-eligible
tenants, as applicable.
1. A binding vote is
a vote made with a quorum of the executive board members present.
2. The board shall provide a brief
explanation of the basis for and cost entailed in the matter that is the
subject of any binding vote and include the explanation in the minutes for the
meeting.
3. Associations may adopt
a policy for comments by association members and voting eligible tenants during
meetings. Such policy shall be applied uniformly.
(b) The association shall hold an annual
meeting. Within seven days following the annual association meeting, the
association shall post, and maintain posted throughout the year, an open
meeting schedule of the executive board.
1.
Such open meeting schedule shall be posted at the place or places at which
notices are posted pursuant to (c) below and filed with the board member
designated for administering association business.
2. The open meeting schedule shall contain
the time, date, and locations of such meetings.
3. Notwithstanding a meeting cancellation
pursuant to (h) below, any changes to the posted open meeting schedule shall be
made at least seven days prior to the scheduled date and posted and maintained
in the same manner as the original schedule.
(c) In addition to the posted open meeting
schedule, adequate notice of at least seven days prior to any such meeting
shall be given to all association members and voting eligible tenants, as
applicable.
1. Such notice shall be provided
as follows:
i. The notice shall be
prominently posted in at least one place on the property that is accessible to
all owners at all times;
ii. The
notice shall be posted on the association's website and included in any
association newsletter; or
iii. The
notice shall be personally provided to each member or designee by mail,
hand-delivery, or electronic means.
2. The notice shall be filed with the board
member designated as responsible for administering association business. It
shall be maintained by the executive board for a period of two years.
3. The notice shall include the following
details:
i. The time, date, and location of
the meeting;
ii. Agenda items to
the extent known, which shall include items for discussion, items for action,
and reoccurring items, such as passage of a budget.
4. An individual association member or
designee may provide written notice to the board waiving any personal delivery
of meeting notices. Such member or designee may rescind such waiver at any time
by written notification to the board. Notwithstanding the meeting notice
waiver, the member or designee shall be entitled to open meeting minutes as
provided in (f) below.
(d) Every elected board member shall be
provided equal opportunity to participate in any meeting of board
members.
(e) The executive board
may exclude attendance of all association members and voting eligible tenants
at meetings, or portions of a meeting.
1. The
exclusion under (e) above shall only be for discussion of any matters listed in
this paragraph:
i. Those in which disclosure
would constitute an unwarranted invasion of individual privacy;
ii. Pending or anticipated litigation or
contract negotiations;
iii. Those
involving employment, promotion, discipline, or dismissal of a specific
employee or officer of the association; and/or
iv. Those falling within the attorney-client
privilege, to the extent that confidentiality is required in order for the
attorney to exercise his or her ethical duties as a lawyer.
2. A vote taken at a closed meeting shall not
be binding. If the matter requires a binding vote, it shall be taken at a
subsequent open meeting in a manner that does not disclose any
confidences.
3. If the closed
meeting is to be part of an open meeting, the closed portion shall be convened
either before the open portion or at the end of the open meeting portion of the
agenda.
(f) Minutes for
the open sessions of meetings shall be taken for each meeting.
1. The minutes shall be legible.
2. The minutes shall include the board
members present and their titles.
3. The minutes shall include clear
identification of any matters addressed.
4. The minutes shall include clear
identification of any matters voted on at the meeting, a record of the votes,
and a brief explanation of the basis for and cost entailed in the matter which
is the subject of the vote.
5. The
minutes shall be made available to association members in a timely manner
before the next meeting and may be identified as "draft" or
"unapproved."
6. If a meeting is
recorded electronically, a written record shall be taken of the matters
addressed and the matters voted on. Association members shall have access to
the electronic recording for 30 days from the date the written minutes are
approved, as well as the written record, including the right to make a copy of
electronic or written records.
(g) When a meeting of the executive board is
required to deal with matters of such urgency and importance that delay for the
purpose of providing seven days advance notice would be likely to result in
substantial harm to the interests of the association and provided that the
meeting is limited to discussion of, and acting with respect to, such matters
of urgency and importance, notice of the emergency meeting shall be deemed to
be adequate if it is provided as soon as possible following the calling of the
meeting by posting in accordance with (c) above.
1. The executive board shall maintain, on the
record, the facts establishing the emergency and any prior knowledge of the
condition.
2. Minutes for emergency
meetings shall be taken and made available to members of the association in
accordance with (f) above.
(h) When the board has determined to cancel a
scheduled open meeting, it shall post notice of the cancellation at the meeting
site by the time the meeting is scheduled to begin. The Board shall promptly
post the notice of cancellation at the location on the property where notices
are posted and, if applicable, its website.
1.
The notice shall state when the meeting will be held and the reason for the
cancellation.
2. If the start time
is delayed, notice of the new time shall be posted at the meeting site to
provide notice of the delay to those attending.
