Thank you for your quick response and I apologize for taking so long to get back to you. As I am not a lawyer, I just want to make sure I understand your answer.
First, I live in a Homeowner Association, not a Condominium so I think the correct section would be
§ 5308. Meetings.
The bylaws shall require that meetings of the association be held at least once each year and shall provide for special meetings. The bylaws shall specify which of the association's officers, not less than ten nor more than 60 days in advance of any meeting, 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 must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws; any budget or assessment changes; and, where the declaration or bylaws require approval of unit owners, any proposal to remove a director or officer.
Cross References. Section 5308 is referred to in section 5310 of this title.
This looks like the same wording. So our Board has one open meeting a year which is open to the members. All that they do at this meeting is talk about their achievements and then hold an election. All their other meetings are closed.
Here's our Bylaws for Board Meetings, written by Steven L. Sugarman, a big player in the Community Association Institute's Pennsylvania Legislative Action Committee, a lobbyist group for businesses that serve Homeowner Associations:
ARTICLE XIV BOARD OF DIRECTORS' MEETINGS
The last paragraph of this section states:
h. The members of the Board shall have the power to take action on behalf of the Association in the absence of a meeting by obtaining the written approval of the action by a majority of all of the members of the Board then in office, and any action so taken shall be binding upon the Association in the same manner, and be an act of the Association, in the same manner as if done at a meeting
So the Board members meet in an impromptu fashion, maybe not involving all of them, they agree on something, send emails between themselves, and execute on their decision. It would appear to an outsider that they make important and/or controversial decisions in this fashion and use the formal meetings to discuss trivial things.
Because the quorum of Board members involved made their decisions outside of a formal meeting, the Board members don't feel they need to document their decisions in minutes. As a consequence, there is no way the general members (the owners) can ever can find out what is going on as there is no documentation made available of outside of meeting decisions between board members. Sometimes the Board members left out of such decisions don't even know what is going on.
Is this legal?