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CalAttorney2
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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Can the HOA board do regular assoc business behind closed

Customer Question

Can the HOA board do regular assoc business behind closed doors and just announce the results to the homeowners? our assoc starts their meeting at 6:30 and locks out homeowners until 7:30. I am under the impression that personnel Issues and sensitive issues are the only issues that can be discussed in exutive session.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Your understanding is correct. Certain matters (such as litigation) may be discussed in closed session. However, the vast majority of the HOA's business should be discussed and voted on in general session and open to the members.

Your HOA board is violating the Missouri Statute (under the non-profit corporation code: http://www.moga.mo.gov/mostatutes/chapters/chapText355.html), and you can sue them for breach of contract (your HOA's governing documents), this Act, and potentially sue the individual board members for "breach of fiduciary duty."

You may want to consider retaining an attorney with experience in HOA/Common Interest Development Law to represent you in this matter.

Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

You can...that is, as the executor, you have the power to administer the property of the estate. So you can evict her.
YOu have to give her notice, in writing, and the chance to find a new place to live (give at least 30 days)

If she does not leave after 30 days?

You speak to the clerk of the court and they can give you the forms to file the eviction case

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

It appears that there was an error in the system (we sometimes get cross over between questions) and the second expert inadvertently posted information relating to another customer's question on our thread.

Please let me know if there is any further information you need in response to your HOA matter.