QUESTION: We want to make sure that we are aware of actions and decisions being made by the HOA’s Board of Directors by attending the periodic Board meetings. Are those meetings required to be announced prior to their convening so that Springs owners/residents can attend if they so desire?
ANSWER: Yes – in fact the requirements for publicly announcing Board of Director meetings were significantly increased by the State Legislature in 2011 and incorporated into the Springs Bylaws to reflect the new requirements:
Article 4.05 Open Meetings and Notice. Meetings of the Board of Directors (“Board”), regular and special, shall be open to all members, with some exceptions.
The Board shall give members notice of upcoming Board of Director meetings, regular and special, including the date, hour, location, and general subject of issues to be brought up in executive session. The notice shall be either mailed to owners at least ten (10) days beforehand or provided at least 72 hours before the meeting by (a) being posting a notice in a conspicuous location, either in a common area or on the Association’s public website, and (b) being emailed to all owners who have registered their email address to the Association. Members have a duty to register and keep their email address updated with the Association.
Actions taken without prior meeting notice shall be summarized orally, including any actual or estimated expenditures approved, and documented in the minutes of the next regular or special meeting.
The Board shall keep written minutes as a record of each regular and special meeting, and give owners access to approved minutes. Decisions made in executive sessions shall be summarized orally in general terms, including any expenditures approved, and recorded in the minutes.
The Board may adjourn an open board meeting and reconvene in a closed executive session for certain issues, including: personnel matters; litigation; contract negotiations; enforcement actions; confidential attorney communications; matters involving the invasion of owners’ privacy; or matters involving parties who have requested confidentiality and the Board has agreed to honor that request.
These monthly "Test Your Knowledge" Discussion topics intend to remind Springs residents of the provisions in our Covenants, Conditions, and Restrictions (CCR’s) and in our HOA's governing provisions (Bylaws) that apply to all Springs residents solely by our election to live in this community.
The Bylaws are "the guidelines for the operation of the Homeowner's Association. The bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the association, as well as other specific items that are necessary to run the homeowner's association as a business."*
If you are a Springs resident who has misplaced your copy of the CCR’s or Bylaws, or are a new resident who wasn’t provided a copy by the previous owners or your realtor, you can view (and download in Adobe Reader [.pdf] format) the complete Springs CCR’s and By-Laws at the Consolidated Bylaws and CCRs section of this website, located in the Pages & Links tab.
*Definition from "Homeowners Association Law Frequently Asked Questions," Hatch, Little, & Bunn, LLP, Raleigh, NC
