33-1248

33-1248. Open meetings; exceptions

A. Notwithstanding any provision in the declaration, bylaws or other documents to
the contrary, all meetings of the association and board of directors are open to all
members of the association or any person designated by a member in writing as the
member's representative and all members or designated representatives so desiring shall
be permitted to attend and speak at an appropriate time during the deliberations and
proceedings. The board may place reasonable time restrictions on those persons speaking
during the meeting but shall permit a member or a member's designated representative to
speak before the board takes formal action on an item under discussion in addition to any
other opportunities to speak. The board shall provide for a reasonable number of persons
to speak on each side of an issue. Any portion of a meeting may be closed only if that
portion of the meeting is limited to consideration of one or more of the following:

1. Legal advice from an attorney for the board or the association. On final
resolution of any matter for which the board received legal advice or that concerned
pending or contemplated litigation, the board may disclose information about that matter
in an open meeting except for matters that are required to remain confidential by the
terms of a settlement agreement or judgment.

2. Pending or contemplated litigation.

3. Personal, health or financial information about an individual member of the
association, an individual employee of the association or an individual employee of a
contractor for the association, including records of the association directly related to
the personal, health or financial information about an individual member of the
association, an individual employee of the association or an individual employee of a
contractor for the association.

4. Matters relating to the job performance of, compensation of, health records of
or specific complaints against an individual employee of the association or an individual
employee of a contractor of the association who works under the direction of the
association.

B. Notwithstanding any provision in the condominium documents, all meetings of the
association and the board shall be held in this state. A meeting of the association
shall be held at least once each year. Special meetings of the association may be called
by the president, by a majority of the board of directors or by unit owners having at
least twenty-five per cent, or any lower percentage specified in the bylaws, of the votes
in the association. Unless otherwise provided in the articles or the bylaws of the
association, not fewer than ten nor more than fifty days in advance of any meeting of the
unit owners, the secretary shall cause notice to be hand delivered or sent prepaid by
United States mail to the mailing address of each unit or to any other mailing address
designated in writing by the unit owner. The notice of any meeting of the unit owners
shall state the time and place of the meeting. The notice of any special meeting of the
unit owners shall also state the purpose for which the meeting is called, including the
general nature of any proposed amendment to the declaration or bylaws, any changes in
assessments that require approval of the unit owners and any proposal to remove a
director or officer. The failure of any unit owner to receive actual notice of a meeting
of the unit owners does not affect the validity of any action taken at that meeting.

C. Unless otherwise provided in the articles or bylaws of the association, for
meetings of the board of directors that are held after the termination of declarant
control of the association, notice to unit owners of meetings of the board of directors
shall be given at least forty-eight hours in advance of the meeting by newsletter,
conspicuous posting or any other reasonable means as determined by the board of
directors. An affidavit of notice by an officer of the association is prima facie
evidence that notice was given as prescribed by this section. Notice to unit owners of
meetings of the board of directors is not required if emergency circumstances require
action by the board before notice can be given. Any notice of a board meeting shall state
the time and place of the meeting. The failure of any unit owner to receive actual notice
of a meeting of the board of directors does not affect the validity of any action taken
at that meeting.

D. This section does not apply to timeshare plans or associations that are subject
to chapter 20 of this title.