Your Right to Attend HOA Board Meetings

You found out the board made a decision that affects you at a meeting you did not know about. Or maybe you knew about the meeting but were told you could not attend. Or you showed up and were told you could not speak. All of these situations raise the same question: what are your rights when it comes to HOA board meetings?

Most States Require Open Meetings

Many states have HOA open meeting laws that require board meetings to be open to all members of the association. California, Florida, Arizona, Colorado, Nevada, Virginia, and many other states have some version of this requirement. The specifics vary, but the general principle is that the board cannot conduct official business in secret. If your state has an open meeting law, the board must let you attend.

Your Bylaws Probably Require Notice

Even in states without a specific open meeting statute, most HOA bylaws require the board to provide advance notice of meetings to homeowners. The required notice period varies. Some bylaws say 48 hours. Some say 7 days. Some say 10 days. If the board held a meeting without giving proper notice, any decisions made at that meeting may be challengeable. Check your bylaws for the notice requirements and compare them to what actually happened.

Attending vs. Speaking

There is a difference between the right to attend and the right to speak. Most open meeting laws and bylaws give homeowners the right to observe board meetings. Some also provide a designated time for homeowner comments, often called an "open forum" or "homeowner forum." The board can set reasonable limits on speaking time, but they typically cannot prevent homeowners from commenting entirely during the designated period.

Executive Sessions

Boards are usually allowed to go into "executive session" or "closed session" for certain limited topics. These typically include legal matters, personnel issues, delinquent accounts involving specific homeowners, and contract negotiations. But the board cannot use executive session as a blanket excuse to conduct all business behind closed doors. The exception is supposed to be narrow. If your board goes into executive session regularly or for routine business, they may be abusing the exception.

Decisions Made Outside Meetings

Some boards make decisions via email chains, phone calls, or informal conversations outside of properly noticed meetings. Most bylaws and state laws either prohibit this or require specific procedures for action without a meeting (like a written consent signed by all board members). If the board is making decisions informally, those decisions may not be valid.

What to Do If Your Rights Are Being Violated

Start by writing a letter to the board citing the specific bylaw provisions and state laws that require open meetings and proper notice. Request that all future meetings be properly noticed and open to homeowners. If the board has made decisions at improperly held meetings, state that those decisions are invalid and should be reconsidered at a properly noticed meeting. Send the letter via certified mail. If the board continues to ignore meeting requirements, you may have grounds for a formal complaint with your state's HOA regulatory body or for legal action.

If you want to know exactly what your bylaws require for meetings and notice, HOAAppeal analyzes your governing documents and identifies the specific provisions the board needs to follow. The Sniff Test is free.