FREQUENTLY ASKED QUESTIONS

Owners are entitled to attend all board meetings except Emergency Board Meetings (as described above) and executive sessions. The board is permitted to hold an executive session only to discuss litigation, contracts with non-owners, the formation of contracts with third parties, owner discipline, personnel matters, or to meet with an owner regarding the payment of assessments. If only part of the meeting will be an executive session, owners may attend the remainder. Any gathering (including a conference telephone call) where a majority of directors discuss any item of business scheduled to be heard by the board is considered a director meeting (other than for purposes of litigation or mediation) and triggers owner notice and attendance rights.

Board meetings are likely to be more productive, and less frustrating for participants if formal procedures are adopted and followed. Boards should refer to Robert’s Rules of Order for direction on meeting requirements, however, other less-formal procedures are acceptable.

Generally, directors should not discuss or take any action on any matters not listed in the agenda. However, matters may arise as new business during the meeting that require immediate action or discussion. Those items should be noted on the meeting minutes so all owners have information about the actions that were taken.

There is no requirement that owners be permitted at all board meetings. However, it is good practice to allow time for owners to provide input at board meetings during an open forum. The board has discretion to set procedures, including time limitations, for the open forum.

The law requires that the association maintain minutes of all director meetings except executive sessions. The meeting minutes should be approved at the next association or board meeting. The governing documents usually state that the secretary is responsible for preparing the minutes. There is a new Washington PUD law requiring meeting minutes within 60 days of the meeting effective August 1, 2014.

The requirement for owner notice of board meetings in Oregon is that for meetings other than emergency meetings, notice of the meeting must be posted at least three days prior to the meeting. In Washington, the owner notice requirements are contained in association governing documents.

If the board meeting is characterized as an emergency, there are no owner notice requirements.

In general, the governing documents will prescribe the frequency of regularly-scheduled board meetings, but allow the board to established the exact time and place. The governing documents usually also provide that the time and place of a regularly-scheduled meeting can be changed, or a special meeting can be scheduled, by the chairman of the board (if any), the president, or a quorum of directors. Owners who are not directors or officers cannot call board meetings.