Should Board Make Important Decisions in Private?

Every month the HOA's board of directors holds a Regular monthly meeting on the first Tuesday at 6:30PM. This meeting is open to homeowners. Well, it has been, until August 22, 2023.

Every month the board holds a "pre-board" meeting on the Tuesday before the Regular Meeting. At various times in the past, they have referred to that pre-board meeting as an Executive Session, in a pretense to keep it private. 

That meeting is attended by - let me guess - board members, the Property Manager, and certain privileged people. 

The purpose of the pre-board meeting should be only to set the agenda for the next Regular Meeting. However, the board is known to have made decisions in the pre-board meeting.

And then last month (UGUST 22, 2023?) the Board held a Special Meeting on short notice. That was to "resolve" to ban homeowners from the monthly Regular meetings.

Bad move! First, they were cowards (to use Vernell's word to me recently) to do that in A secret meeting that was not announced to the Membership. Secondly, they should have asked the Membership for an opinion. After all, it is the Members who would be affected.

Was the Special Meeting even properly held? Was the meeting held in person or was it by telephone? 

Proper "Notice" of the Special Meeting is either 72 or 96 hours? Was that Notice properly given?

The Board seldom votes on any matters. Justin Martin, President, merely announces how something will be. When Justin does that, it is not "the Board" that is deciding. He is deciding for the board, and no one stands up to him.

Each board member is an independent, equal, one-seventh member of the board.

But wait. There isn't even a legitimate board of directors. Why am I referring to "the board", when there is no duly-elected board, as was Justin's phrase in a nextdoor.com rant a week ago?

Does the board ever consult with its attorney on compliance with the By-Laws? The attorney should give them correct and accurate legal advice. 

The correct and accurate legal advice right now ought to be "You do not have a legitimate board of directors or any (or enough) legitimate Voting Members. You must fix this."

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