HOAleader.com - Tip of the Week - March 26, 2010
Published: Fri, 03/19/10
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Meeting in Secret Can Lead to Trouble for Your HOA Board
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If your HOA board has ever met without telling members that it's
meeting, you need to read this week's tip.
How open your meetings must be--and what that actually means--is
governed by your state law and your governing documents. For
example, California specifically requires that board meetings be
open to members.
"California requires the board to meet at an open meeting,
defines what a meeting is, and requires that notice of the
meeting go out to membership," explains Robert DeNichilo, an
attorney at Neuland & Whitney APC in Rancho Santa Margarita,
Calif., who specializes in representing community associations.
"It also has a time for executive session and what types of
issues can be discussed in executive session. Those are
litigation, contracts with nonowners, owner discipline--and the
owner at issue is entitled to attend that portion of the
meeting--and personnel matters." Florida has similar requirements.
But the law governing board meetings is a little squishier in
Texas. "Homeowners are entitled to attend board meetings in condo
associations, but not in homeowners associations," says David
Regenbaum, founder, chairman, and CEO of Association Management
Inc. in Houston, which manages 239 communities with about 62,000
units.
"They're not entitled to participate--it's 'attend.' And they're
not entitled to notice. They can ask when the next meeting is,
but they're not entitled to notice."
Despite many states' rules, boards still meet in secret either
intentionally or by accident. "Do boards have secret meetings?"
asks Bill Worrall, vice president of The Continental Group, which
is based in Hollywood, Fla., and manages 1,300 condominium and
homeowner associations totaling 310,000 residential units. "Sure,
it happens all the time, but it really shouldn't."
To learn more about when and how your board can meet privately,
see our new article: http://www.hoaleader.com/members/407.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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9 Mistakes New HOA Board Members Make--And How to Avoid Them
Here we list the nine most common mistakes new HOA board members
make and provide tips for turning those mistakes into successes.
Click here to read full article:
< http://www.hoaleader.com/members/404.cfm >
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HOA Finances: If Your Condo or Homeowners Association Needs a
Loan, Can You Look to Your Reserves?
If your HOA is short on cash for an insurance payment or would
like to make an equipment purchase, can you borrow against that
large chunk of money in your reserve fund? Would that even be
wise? Here we discuss whether taking a loan from your condo or
homeowner association reserves is proper or advisable.
Click here to read full article:
< http://www.hoaleader.com/members/402.cfm >
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Could Your Association Be Heading Toward Bankruptcy?
This week's tip is for HOA boards that seem to always be
struggling
to make ends meet with little hope of regaining their financial
footing.
Click here to read full article:
< http://www.hoaleader.com/public/405.cfm >
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HOA Finances: Can--and Should--Your Association Consider
Bankruptcy?
If your homeowner association has been beaten up by the economic
downturn and there seems to be little hope of ever getting back
onto solid financial footing, bankruptcy is something your board
can consider. Here's what you need to know about how bankruptcy
might affect your HOA.
Click here to read full article:
< http://www.hoaleader.com/members/401.cfm >
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HOA Finances: Tips for Handling Your Reserve Account
Are you putting enough money aside to pay to replace or repair
your HOA's buildings and amenities? Is it possible your condo or
homeowner association is putting too much aside? Does the HOA
board know how reserves are supposed to be used? This article
provides tips on how much to save and how to properly use
association reserve accounts.
Click here to read full article:
< http://www.hoaleader.com/members/400.cfm >
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