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To Notice, or Not to Notice, That Is the Question: Closed Board Meetings

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The answer to the question of whether all board meetings must be properly noticed to the members is YES. Even the emergency powers section of the community association statutes require notice to be given as is practicable.

What about “closed board meetings?” The answer remains YES. As you are likely aware, there are two circumstances where a board meeting may be closed to the members. The first is when the board is meeting with the association’s attorney for the purpose of discussing proposed or pending litigation and board meetings held to discuss association personnel matters.

Now that we have established that all board meetings must be noticed, what should be included on the notice? The time, date, and place where the meeting will be held are essential facts that need to be included in the notice. In addition to the foregoing, the notice must also include all agenda items. If the board meeting is to be closed, the notice needs to state that the meeting will be closed to members and the agenda item should either state that the “meeting with the association’s attorney is to discuss proposed or pending litigation” or it should state “meeting to discuss personnel issues” (in other words, specifics should not be mentioned on the notice).

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