Board Keeps Its ‘Closed Session’ Actions Secret

QUESTION: Our homeowners association has a seven-member board that meets two times per month in “open session.” An agenda is set for discussion by the board, with comments from the members present. Very few homeowners attend these meetings.

All issues that are of prime concern to the homeowners seem to wind up in “closed session” for board members only. The only way we hear of the results of these closed sessions is by rumor or word of mouth. No minutes of these meetings are ever published or distributed to the general membership. What can we do?

ANSWER: What’s their big secret? Are they tearing their hair out, shouting at each other, planning dastardly acts? Secret meetings wrongfully stifle member participation. Owners lose respect for a board that takes action behind closed doors and then the deadly “us-against-them” syndrome will set in.

Board members should not conduct association business in closed sessions. I am currently the president of my homeowners association and our board gives the owners an opportunity to bring their concerns and questions to the board meeting.

A 15-minute open forum at the beginning of a meeting usually works well. After the board meeting begins, homeowners should not be allowed to interrupt to give further input on every issue that the board discusses. The president should run an efficient meeting without infringing on the rights of the owners who want to communicate with the board.

All owners have the right to request information about the topics of discussion and any action taken at board meetings. Minutes should be taken at all board meetings and those minutes should be available to any homeowner in the association. Some associations charge a small fee for copying minutes while others distribute minutes to all owners with the monthly billing or in a newsletter.

There are exceptions when the board should meet in private. When a personnel matter or litigation is being discussed, then closed sessions are permissible. Minutes should be taken even during closed sessions, though these minutes may be kept confidential due to the nature of the discussions.

Some states, such as Florida, have laws that permit closed meetings for discussion purposes only, and any motions that result from the discussion must be made in an open meeting.

Board Not Enforcing Landscape Standards

Q: In our townhouse complex, each unit has a private landscaped area that has no enclosure, so the area is visible to the public. Our association documents state that all landscaping, including private property, must be maintained in “first-class condition.”

Some owners have neglected these areas or have failed to plant proper landscape. The board will only allow the association gardeners to weed them. I have asked the board repeatedly to enforce the documents and establish some sort of minimum landscaping requirements. The board refuses to act. What is the board’s responsibility, and how do they enforce the documents?

A: The board is obligated to enforce the documents. If a majority of the owners are happy with the current level of maintenance by their neighbors, then the documents should be changed to comply with the wishes of the owners and remove the “first-class condition” clause. As long as the documents stipulate first-class condition, the board must enforce proper maintenance.

If the board is allowing the association gardeners to perform work on private property of the negligent owners, then it is unfair to those owners who are caring for their property responsibly. In fact, it is probably illegal to use association funds to maintain these private areas.

It is unfortunate that the board is allowing certain owners to ignore their obligations. Poor maintenance is contagious, and in the long run, property values will suffer. Even if the board is motivated to change things, it will be difficult to do so since they have ignored the problem for some time.

The board members may not know how to get themselves out of this problem. Because you are very interested in this, perhaps you could draft some proposed minimum standards and present them to the board, or volunteer to start a landscape committee and enlist other owners. It may be the incentive that the board needs to take action. Good luck!

Hickenbottom is president of the Greater Los Angeles chapter of the Community Associations Institute (CAI), a national nonprofit research and educational organization. She welcomes readers’ questions, but cannot answer them individually. Readers with questions or comments can write to her in care of “Condo Q&A;,” CAI, P.O. Box 84303, Los Angeles 90073.