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My HOA BOD has a monthly meeting, in which they will allow…

HI, My HOA BOD has...
HI, My HOA BOD has a monthly meeting, in which they will allow questions, discussions, etc by residents. (However, rarely does any owner attend or go)But, I do usually providing them with an email of my recommendations, topics ahead of time so they are prepared. Is the BOD allowed to limited the time to 15 Minutes?Tonight I spoke with them for 20 minutes and they complained once I hit the 15 minute mark.
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Answered in 13 minutes by:
6/6/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Thank you for requesting me. Is there a time limit in the governing documents?
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Customer reply replied 2 months ago
No there is no time limit in the governing documents, bylaws, etc. The HOA BOD just started this during this new session. What appropriate legal respond can I do?

Unreal. Give me a few moments to do some research.

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They are bound by the opening meeting laws for the State. https://www.openrecords.pa.gov/SunshineAct.cfm

You can file a complaint for an opening meeting law violation.

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Customer reply replied 2 months ago
Does the open meetings laws cover non-governmental organizations?
Customer reply replied 2 months ago
Also, does it go against the governing documents because they just cannot implement any rule they want?

What do the govern documents state?

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Open Meeting Laws include HOA's in PA.

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I will be offline for the evening. I can opt out if you would like to continue with a different Attorney.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,006
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 2 months ago
No - you're very helpful.. Have a good evening.
Thank you.
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Customer reply replied 2 months ago
Hello, I could not find anything in the Sunshine Laws that is for any rule except Government Agency.
So I am confused where to find that it covers HOA's Open Meeting laws?Kindly,
Ethan
This includes HOA’s.
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You association documents should set out the laws that govern. An HOA is a government within a local government. Let me provide a link with all that apply.
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Customer reply replied 2 months ago
That you be great for the details..
Customer reply replied 2 months ago
That would be great for the details. Thank you.

The first question is if anything in your governing documents limits the time you can speak. Is your HOA incorporated?

A homeowners association (HOA) is a corporation that serves as the governing body of a residential community, such as a condominium, townhome or single-family development. HOAs are created to protect the community’s property values by developing and upholding its covenants and bylaws, which define the actions homeowners may take with their properties, as well as their behavior within the community. HOAs are often formed by real estate developers during the development and sales stages, during which they assume financial and legal responsibility and retain voting and governance rights. Association ownership and all related responsibility are transferred to homeowners at turnover, which occurs after selling a specified number of units.

"Since most HOAs are incorporated, they are subject to statutes governing homeowners associations and not-for-profit corporations, as mandated by each individual state. All community homeowners are mandatory members of the HOA, and must follow the community’s guidelines to ensure a harmonious environment and lifestyle; failure to comply can result in fines or other penalties." https://www.fsresidential.com/corporate/property-management-frequently-asked-questions/association-hoa-condo-general-questions

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Customer reply replied 2 months ago
Hi, My HOA is a 501(3)c Non-Profit corporation, and what your describing is exactly understood, but no where in the HOA governing documents does it discuss time limits on owner's discussion or opinions at HOA BOD meetings.I believe that they cannot subjectively create guideline or rules for governing their meetings, but how do I approach the fact they the BOD is supressing owners' opinions?

PA law is odd. They don't seem to require the same fiduciary duty from the Board members as every other state. Let me do a little case law research for you to see what the courts are saying.

Do your governing documents set out the procedures to recall board members?

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Customer reply replied 2 months ago
Board Members can be recalled.
If owners are unhappy with the board and do not feel that the board is listening to their concerns a recall/removal may be in order.
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