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
. Architectural committees
often meet informally. Sometimes they review plans by individually going to the office to see the plans or by delivering them from committee member to committee member. They may be followed by a discussion via phone or email before making a decision. This is done so as to expedite their review of applications and make timely decisions.
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
." Such meetings would require notice
to the membership and posting of an agenda. If less than a majority of directors were on a committee, it would not qualify as a board meetings. Directors on committees do not need to recuse
themselves from board votes on committee issues unless the vote benefits them differently from other members.
Directors Attending Committee Meetings
. A majority of directors can attend committee meetings
without violating the Open Meeting Act if done properly.
. 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.
: Associations needing legal assistance can contact us
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