January 2023

ROADMAP... from page 20.

“A binding board action must be made at a meeting of the board that is open to the membership.”

2. At least seven days before a board meeting, notify the membership of the agenda, which includes items for dis cussion, items for action and recurring items. This should be posted in the same places as the meeting schedule. 3. If there is an emergency that requires immediate board action, an open board meeting and notice of the meet ing must still be provided, but the meeting can be held sooner than seven days. Minutes taken at the meeting must indicate the facts establishing the emergency and any prior knowledge of the condition necessitating the emergency action. BOARD ACTION – Did you properly vote on an issue? 1. A quorum of the board is necessary to hold an open board meeting. Most bylaws define a quorum as a majority of board members present at a meeting. 2. A binding board action must be made at a meeting of the board that is open to the membership. Even deci

sions that are often considered confidential or private, such as litigation, collections, etc. must be made at an open session to be binding. It is strongly recommended that each association confer with the attorney as to how to comply with this regulation while maintaining privacy rights and confidentiality. 3. Prior to a vote the board must provide a brief explana tion as to the basis for and cost entailed in the matter that is the subject of any binding vote. 4. Allowing the membership to speak at a board meeting is not required and the board should adopt rules and regulations regarding membership participation at the meetings so that they can be applied uniformly. 5. However, each board member does have the opportunity to participate in a board meeting and cannot be excluded.

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