4/21/2024 10:14:53 AM
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Section 5: OPA Board Subject: Another Sign Flap Msg# 1202848
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While it seems association members have no rights to make public comments at committee meetings under the HOA Act, there is another issue related to committees - closed session.
The Act says: (4) A meeting of the board of directors or other governing body of the homeowners association or a committee of the homeowners association may be held in closed session only for the following purposes: Since all meetings, including committee meetings, must be open to association members, and since there is no provision in the code for closed meetings except for the governing body, short of some case law, one might conclude no committee can go into closed session for any purpose - including ARC. Or am I missing something? With additional regard to ARC, the HOA Act defines "goverb=ning body." (h) Governing body. -- “Governing body” means the homeowners association, board of directors, or other entity established to govern the development. Probably a stretch but could ARC be defined as a governing body? It is established in the Declarations, not by any board action. While ARC is called a committee, it is the only committee with authority over association members. The board cannot change the DRs. DRs can only be changed by a vote of the association members in each section. The DRs state: A. All plans and specifications for any structure or improvement whatsoever to be erected on or moved upon or to any lot, and the proposed location thereof on any lot or lots, the construction material, the roofs and exterior color schemes, any later changes or additions after initial approval thereof and any remodeling, reconstruction, alterations, or additions thereto on any lot shall be subject to and shall require the approval in writing before any such work is commenced of the Environmental Control Committee (herein called “Committee”), as the same is from time to time composed. Most importantly, the DRs say: The decisions of the Committee shall be final. Does this authority make ARC a governing body? |
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For reference, the above message is a reply to a message where: I wrote, "A complete violation of association member rights under the HOA Act." This was in regard to the ARC Committee not allowing each association member to make public comments. Someone pointed out to me today the following from the HOA Act. (ii) Subject to subparagraph (iii) of this paragraph and to reasonable rules adopted by a governing body, a governing body shall provide a designated period of time during a meeting to allow lot owners an opportunity to comment on any matter relating to the homeowners association; The issue is whether or not public comments even apply at Committee meetings. Upon reflection, the plain text above says association members have no right to make public comments at committee meetings. Maybe another reason to dump most committees. While any committee may allow public comments, the Board of Directors should modify Board Resolution C-01 (Committee Policy General) to incorporate public comments for committees to match those the HOA Act requires for board meetings. |
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