Member Attendance and Participation at HOA Board Meetings

Most states have laws that permit homeowners association members to attend all meetings of their association’s board of directors, with the exception of meetings that are held in “executive session” for specific limited items of business. It is also common for a homeowners association’s governing documents to contain provisions that allow owners to attend all non-executive session meetings of their association’s board of directors. While the state laws and association’s governing documents make it clear that association members, who are the owners of properties located within the community that is governed by the homeowners association, can attend board meetings, associations frequently encounter issues with those owners over who can attend board meetings with them (i.e. spouses, tenants, and attorneys), or on their behalf, and the extent to which they may speak at the meeting.

Who Can Attend a Directors’ Meeting?

Unless a particular state statute, or an association’s governing documents allow for attendance at board meetings by others, the right to attend the non-executive sessions of an association’s board of directors is limited to members of the association (owners of separate interests within the association). Notwithstanding the fact that they may technically not be a member of the association because they may not be on title to a separate interest, it is a common practice for associations to permit non-member spouses of members to attend board meetings of their association […]