The HOA open meeting protects homeowners’ right to attend association meetings. Board members must abide by certain rules and requirements, and refusal to do so can result in liability. On their part, while not required, owners are encouraged to attend meetings to stay up to date on association business.
Is an HOA Open Meeting Required?
For most associations, it is required to invite all homeowners to attend board meetings. Many state laws stipulate this requirement. Board members should also review their governing documents, particularly the bylaws, to understand the association’s open meeting rules.
In Maryland, two statutes govern open meetings. Under Section 11B-111 of the Maryland Homeowners Association Act, all meetings must be open to homeowners and their agents. Annual meetings are where elections take place, so associations must notify owners of such meetings in advance according to the Maryland HOA Act 11b 106.
For condominiums, Section 11-109.1 of the Maryland Condominium Act states that closed board meetings may only be held for specific purposes. This implies that all other meetings must be open to unit owners.
The Importance of HOA Open Meetings
Meetings are integral to the continued operation of any community. At board meetings, leaders vote on projects, budgets, and decisions. At annual meetings, owners elect new leaders, and board members present crucial reports. Holding open meetings is beneficial for many reasons, including but not limited to:
- Builds Trust. When meetings are open, owners can see how the board makes decisions. This leads to fewer rumors and misunderstandings. Plus, people are more likely to support decisions when they understand them. If the board always holds closed meetings, owners tend to assume the worst.
- Promotes Board Accountability. Open meetings make board members explain their decisions and stay consistent with governing documents and laws.
- Supports Better Decision-Making. When discussions happen in the open, owners can provide input. Different perspectives come out, too, leading to better and more balanced decisions.
- Ensures Legal Compliance. Most states, including Maryland, require board meetings to be open.
- Reduces Conflict and Suspicion. Open meetings help prevent claims of favoritism, accusations of backdoor decisions, and distrust between owners and the board.
- Encourages Owner Engagement. Open meetings give owners a chance to stay informed about the community and provide comments.
HOA Open Meeting Requirements
Specific open meeting requirements can vary depending on state laws and an association’s governing documents. In general, these requirements address who may attend, how much notice to provide, and what may be discussed in closed sessions. For Maryland associations, Section 11B-111 (for HOAs) and Section 11-109.1 (for condos) outline the rules.
Here are the Maryland HOA open meeting requirements to remember.
Attendees
Homeowners must have access to all association meetings, except those held in executive session. Homeowners’ agents may also attend these meetings.
Notice
Maryland law requires associations to provide reasonable notice of all regularly scheduled meetings. While the law doesn’t specify how much notice is required, a good rule of thumb is to send it 10 to 14 days in advance. Boards should check their CC&Rs and bylaws for further guidance.
Meeting Types
Open meeting requirements apply to all meetings, except closed board meetings. These include annual meetings, open board meetings, and even committee meetings.
Electronic Meetings
In Maryland, associations may hold meetings electronically pursuant to Section 11B-113.6 (for HOAs) and Section 11-139.3 (for condos). Electronic meetings can take place via phone calls, video calls (such as Zoom), and similar platforms. Again, this applies to membership, board, and committee meetings.
Even if an association’s bylaws are silent on electronic meetings, boards may still hold them anyway. That said, everyone must be able to join and participate. Attendees must be able to hear and speak with one another. The board must provide all information necessary for owners to access the virtual meeting, including links or instructions.
Of course, the downside of electronic meetings is connectivity issues. Still, if an owner can’t join the meeting due to internet or device issues, the meeting remains valid. Decisions will still count.
When are Closed Meetings Allowed?
There are two kinds of board meetings: open meetings and executive sessions. The former pertains to board meetings that are open to all homeowners. Meanwhile, the latter refers to meetings that only board members and select people may attend.
Closed meetings are not unlawful. Board meetings must generally be open, but they can go into closed session for specific reasons. These reasons are limited to the following:
- Internal or Sensitive Matters. These include employee or personnel issues and topics involving someone’s privacy or reputation.
- Legal Matters. These include consultations with the association’s attorney, discussions about lawsuits, and decisions about potential legal issues.
- Investigations. This is when the board investigates possible criminal activity in the community, such as theft, vandalism, and fraud.
- Business Negotiations. If the board needs to discuss a contract or deal before finalization, it can do so in a closed meeting.
- Confidential Legal Requirements. If the law requires something to stay private, the discussion must occur at a closed session. This also includes discussions about owners’ financial accounts or specific account balances.
What Closed Sessions Won’t Allow
While closed meetings are permitted for certain agenda items, Maryland law is clear about what they must not allow. The board can’t discuss unrelated topics. Board members also can’t take action on anything outside of the allowed categories. If something doesn’t fit one of the listed reasons, boards must discuss it in an open meeting.
How to Record Minutes for Closed Meetings
Even though the discussion is private, the board must still document the session in the form of minutes. At the next meeting, the minutes must include the following details:
- The time and place of the closed meeting,
- The purpose of the meeting (why it was closed),
- Each board member’s vote to go into closed session, and
- The legal reason (which category applies).
The minutes don’t have to disclose the actual discussion, just the basic details.
A Quick Round-Up
An HOA open meeting supports transparency, trust-building, and accountability. Homeowners feel more comfortable and confident in their leaders when important decisions are made in an open meeting. That said, boards may still hold closed meetings, but state laws limit the reasons for such sessions.
Majerle Management, Inc. provides management services to HOAs and condo associations in Maryland. Call us today at (301) 220-1850 or contact us online to get started!
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