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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Our building is negotiating a bid c= total renovation

Customer Question

Our building is negotiating a bid c=for a total renovation of the building that will affect the cost of our properties, can we attend the Board session? Board members are tal=king 4 months to sign the contract we are furious and want to know why are they delaying the contract if they already collected all the money for renovation, please advise.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, I am sorry to learn of your frustrations with this matter. Unfortunately I am not able to tell you for certain whether or not you can attend the specific board meeting, but the majority of contract negotiation meetings are confidential or "closed session" meetings. This is done not to prevent HOA members from knowing what is going on with their money, but in order to enhance the HOA's bargaining position vis a vis the contractor(s) that are bidding on the contract. (Like any other negotiation, having some confidentiality in the proceeding can create some additional leverage for your HOA (as the client) and the client does not want to spoil this by broadcasting the process publicly. (I understand you are not asking for a public statement, but in essence if the HOA board were to post information about the negotiations to the members, this is what would occur).The Board cannot keep their position confidential or secret from the HOA forever, and once the contract is complete, the members can access the final terms through the same records requests that you would use to review HOA budgets and meeting minutes or other details not otherwise distributed to the members in mailings or otherwise.You can request to attend the meeting - this may not be one of these confidential negotiations that I am discussing above, and it may be open to membership, but be prepared for them to inform you that it is, and be aware that there are very good reasons for this. The board is elected by the HOA members to perform these duties, and if you are unhappy with the way in which they are performing them, you do have the right to recall board members (although this may not be a wise option mid-contract negotiation, you may want to seek a middle step of speaking with the board in a regular meeting to discuss the issue).As you noted this is a "major renovation" a delay in contract negotiations is frustrating, but not uncommon. I do understand being frustrated, but without being a party to the contract negotiations themselves I cannot tell you what the delay is due to.