| The board must hold meetings at least four times each year (although
it is customary for boards to meet at least monthly). With a few
exceptions, all meetings of the board of managers must be open
to any unit owner. That means the unit owner may observe the meeting
and may record it by tape, film, or other means subject to the
reasonable rules and regulations imposed by the board to govern
recording of meetings. Unit owners are not entitled to participate
in the board meeting, although almost all boards set aside time
for unit owners to speak before the board and to air their concerns.
Certain topics of discussion must be held at that portion
of a meeting that is closed to the unit owners. The topics
are:
1) to discuss litigation or other legal proceedings involving
the association that has been filed and is pending or the
board believes is probable or imminent;
2) to consider information regarding appointment, employment or dismissal
of an employee, or
(3) to discuss violations of rules and regulations of the association
or an assessment delinquency of a unit owner.
Although the discussion of these topics must be held in closed
or executive session, the board must make all of its decisions
in an open portion of the meeting by voting on the resolution
in open session. In addition, at any meeting in which the association's
attorney is to answer legal questions posed by the board members
or otherwise to give legal advice, it is absolutely necessary
for the meeting to take place privately. Otherwise the attorney-client
privilege will have been waived and the association can be
severely prejudiced in the event of litigation. Since the closed
meetings are for discussion only and no decisions are made,
keeping of minutes is generally not appropriate except when
otherwise instructed by the association's attorney. Since the
minutes would be open for inspection and copying by the unit
owners, the confidentiality of matters discussed by the board
members would be compromised by the taking of minutes. Individual
board members are free to take personal notes of the discussion. |
