33-1804. 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 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
closed 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 community 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 members 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 bylaws of the association,
not fewer than ten nor more than fifty days in advance of any meeting of the members the
secretary shall cause notice to be hand-delivered or sent prepaid by United States mail
to the mailing address for each lot, parcel or unit owner or to any other mailing address
designated in writing by a member. The notice shall state the time and place of the
meeting. A notice of any special meeting of the members shall also state the purpose for
which the meeting is called, including the general nature of any proposed amendment to
the declaration or bylaws, changes in assessments that require approval of the members
and any proposal to remove a director or an officer. The failure of any member to
receive actual notice of a meeting of the members 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 members 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 corporation is prima facie evidence that notice
was given as prescribed by this section. Notice to members 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 member to receive actual notice of a meeting of the board of
directors does not affect the validity of any action taken at that meeting.
|