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Good Question: Should Open Meetings Bother Boards?
By Barbara Saxton, CMCA, AMS, PCAM
Q. Our board of directors has contemplated opening up its board meetings to homeowners, but several board members are feeling threatened by this possibility. Do you think they have good reason to be concerned?
A. There’s no doubt that we are living in the “information age”. Every day we are bombarded with information from the newspapers, television, radio, the Internet. When information is deliberately withheld, we are suspicious. A closed-door meeting is almost an affront to our sensibilities.
Local governments realized this a long time ago. So came to be born Sunshine Laws, which permit residents of municipalities to attend Council meetings (and other municipal meetings such as Zoning Board) as observers. All votes are taken in open session, so those present can see who voted and how. Sometimes the floor is opened to questions and comments from the public, sometimes it is not. Even Congressional and Senate sessions are televised for public consumption.
Several states have recognized that community associations function in many respects like a municipality, and they have adopted their own Sunshine Law for associations. New Jersey and Florida are two. The law is similar in many respects to those that apply to governmental bodies.
All board meetings must be made public, with the dates and times posted. Homeowners may attend as observers. The board may or may not set aside a period to recognize those present in order for them to ask questions or make comments. All votes of the board are taken in open session.
Like governmental Sunshine Laws, the ones that apply to associations also allow the board to go into executive session to discuss matters regarding personnel, contract negotiations, or other issues (generally assessment-collection related) that could be construed as an invasion of privacy if discussed publicly. A Sunshine Law does not allow for votes taken in private, over the phone or by e-mail, and emergency sessions still require notice to the homeowners in whatever way is practical.
When New Jersey first adopted the Open Meetings Act, there was a general panic among board members. Meetings would go on forever. Homeowners would grandstand and monopolize the agenda. Board members would be reluctant to express themselves freely, and would feel awkward to be under “public scrutiny." True opinions would be squelched for fear of being unpopular.
While some of this may have come to fruition, it certainly didn’t last. Homeowners, excited at last to be allowed into the “inner sanctum” of the secret society of board meetings, soon found out that there was nothing sexy about them. In fact, for the most part, they were downright boring. And the crowds began to dwindle.
If the Sunshine Law comes to your neck of the woods, don’t run screaming from it. Embrace it warmly, and act truly disappointed if each and every one of your homeowners doesn’t attend every meeting. Post your meetings for the year on your Web site, in your clubhouse, or in your newsletter. Set aside some time at the beginning of the meeting to hear comments from those in attendance. Allow some time at the end for questions (I guarantee most of them won’t be around for this). Then go on with business as usual (no more comments or questions from the peanut gallery). It’s a nice touch to have copies of the agenda available, but not mandatory.
For a few months, expect a small crowd. Once homeowners realize there is nothing mysterious, illegal, immoral, or otherwise fun going on at the meetings, they will generally stop attending. You may have one or two diehards who religiously attend and stay to the bitter end, but they will be few and far between. You will soon find that there are very few “true” emergencies for which you need to have a meeting.
While you do not have to serve refreshments, and you certainly don’t invite those attending to sit at the board table, you do need to have a place to meet that will accommodate those homeowners who wish to attend. This can be problematic for those associations that do not have a community room or clubhouse or other meeting facility, and whose Board members generally meet in each other’s homes. One small Association solved this by asking homeowners to inform the manager in advance of their intention to attend, so additional seating could be provided.
Others found inexpensive (or free!) meeting rooms at local Township buildings or libraries, and discovered that their meetings actually were now more efficient than when they were held in the comfort of a member’s living room. There’s something about sitting in a La-Z-Boy munching on Cheetos that lends itself to longer, more leisurely meetings, and sometimes less-than-professional demeanors. And since most of these locales require you to vacate the premises by a set time, there is more motivation to move through the agenda expeditiously.
Here in the Commonwealth of Pennsylvania, there are currently two bills, one before the Senate and another before the House, that would make the Sunshine Law mandatory for associations. It is fairly certain that one or the other, in some form, will see its way into law. Boards can begin now to get accustomed to having homeowners observe their meetings.
I have one board that routinely sets aside the first fifteen minutes of meetings for homeowner concerns. They do meet in a member’s home, but since we have never had more than two or three “guests” at one time, that has not been a problem. After the homeowners are heard, they are thanked for their attendance, shown the door, and the board continues with its agenda.
Another board has an open meeting first, going through the agenda fairly rapidly, and allowing questions from the homeowners afterward. The board then goes into executive session, and that’s where the real business happens. While neither of these scenarios will be permitted if and when a Sunshine Law is enacted, both of these boards have at least become accustomed to having homeowners attend their meetings and giving them an opportunity to be heard. It won’t be a far stretch for them to allow this to expand to the entire meeting.
Remember, a journey of a thousand miles begins with a single step.
Barbara Saxton is a regional manager with The Galman Group Inc., in Jenkintown, Pennsylvania. If you have a good question about community association management, she might have the answer. Send questions c/o Terry White.
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