HOA Boards Should Be Prepared to Deal with Member Attorneys at Board Meetings

Although the issue is currently under debate in some state legislatures, state laws and association governing documents typically contain provisions that limit attendance at open session board meetings to members of the association, and association governing documents generally define a “member” as an owner of property within the association. Thus, associations generally take the position that, absent special circumstances which have been approved in advance of the meeting, nonmembers of the association are excluded from board meetings.

Notwithstanding the existence of laws and governing documents that prohibit attendance of nonmembers at association board meetings, many associations have experienced situations where a member has attempted to bring their attorney to a board meeting, or have the […]