Understanding the Concepts of “Open Meeting” and “Open Forum” at HOA Directors’ Meetings

Most state laws and/or homeowners association governing documents require all regular and special meetings of the association’s board of directors that are not conducted in executive session to be “open” to the association members. Frequently, the concept of an “open meeting” of directors is misunderstood and interpreted in a manner that allows non-director association members to participate in discussion amongst the board members and to be heard in connection with votes. Such involvement by homeowners in the agenda items being considered by the association’s directors is improper and should not be allowed by the president who is in charge of the meeting. The applicable laws and provisions in an association’s governing documents that call for open meetings are for the purpose of allowing association members to observe the board conducting its business. With the exception of speaking during the “open forum” session of a board meeting, the members in attendance should only speak during the period that the board is conducting its business concerning the agenda items when the president has invited comments from the members in attendance on a particular agenda item.