Open Meeting Act. There is no
law requiring that committees hold open meetings or post agendas. The
Open Meeting Act applies only to meetings of the board. Most committees are
advisory in nature and deliver their recommendations to the board of directors in
open meetings where members can hear the committee's
recommendations.
Decision-Making Committees. Even though not required by statute, committees with decision-making authority, such as
architectural committees (except for those under
developer control),
should give notice to the membership and post agendas and allow members to attend.
Directors on Committees. If a
majority of directors were to serve on a committee (such as
Finance Committee) and that committee heard, discussed, or deliberated on any item of
business that was within the authority of the board, the committee meeting would meet the definition of a "board meeting."
Civ. Code §1363.05(k). Such meetings would require
notice to the membership and posting of an agenda.
Committee Reports. Unless committee reports cover
executive session topics, all oral reports by committees to the board should be given in open session so members can hear the reports.
Setting the Agenda.
The
objectives of the committee are set by the board but committee agendas are set by the committee chair. Boards should not micromanage
their committees nor should individual directors interfere with the committee's work. If the board is unhappy with
how a committee is being chaired, it can appoint someone else to
head the committee.