Board of directors and committee meetings

For the last few years, the Board has not complied fully with the Virginia Condominium Act, specifically § 55-79.75. Meetings of unit owners' associations and executive organs.

The sections of § 55-79.75 of concern are:

Part A: “The bylaws shall specify an officer or his agent who shall, . . . at least seven days in advance of any other meeting, send to each unit owner notice of the time, place, and purposes of such meeting.” [i.e. agenda, emphasis added]

Part B: "Except as otherwise provided in the condominium instruments, the provisions of this subsection shall apply to executive organ meetings. All meetings of the unit owners' association or the executive organ, including any subcommittee or other committee thereof, shall be open to all unit owners of record. The executive organ shall not use work sessions or other informal gatherings of the executive organ to circumvent the open meeting requirements of this section.

“Voting by secret or written ballot in an open meeting shall be a violation of this chapter except for the election of officers.” [i.e. record who voted, and how they voted—absent this, even Board members cannot know if their vote is correctly recorded in the minutes]

Part C: “The executive organ or any subcommittee or other committee thereof may convene in executive session . . .upon the affirmative vote in an open meeting to assemble in executive session. The motion shall state specifically the purpose for the executive session. Reference to the motion and the stated purpose for the executive session shall be included in the minutes. The executive organ shall restrict the consideration of matters during such portions of meetings to only those purposes specifically exempted and stated in the motion. . . . following the executive session, reconvenes in open meeting and takes a vote on such contract, motion or other action which shall have its substance reasonably identified in the open meeting.

Not only is this required by the Virginia Condominium Act, it will encourage greater homeowner participation.

[Sent to the Board of Directors via fax to CMS]