Open Meeting Law Violations: Is Your Board Operating Illegally?

Many HOA boards don't realize that their informal communication patterns — email threads, text messages, phone calls between meetings — may violate open meeting laws and invalidate their decisions.

What Constitutes a Meeting

In many states, a "meeting" isn't just a formal gathering — it's any deliberation by a quorum of the board. That means:

• An email chain where three of five board members discuss a vendor contract is a meeting.
• A phone call between a quorum discussing a violation is a meeting.
• A group text about the budget is a meeting.

And if it's a meeting, it must follow the rules: advance notice, an agenda, minutes, and in many states, the right of homeowners to attend.

Common Violations

• Serial deliberation — discussing an issue via email one member at a time until a quorum has weighed in.
• Executive session misuse — closing meetings to homeowners without proper justification (litigation, personnel matters, contract negotiations).
• Inadequate notice — posting meeting notices too late or in the wrong location.
• No minutes — decisions made without a record.
• Voting outside meetings — email votes or text votes are prohibited in most states.

The Consequences

When a board violates open meeting laws:

• Decisions can be voided — a vote taken outside a properly noticed meeting may have no legal effect.
• Homeowners can sue — and recover attorney's fees in many states.
• Board credibility erodes — once homeowners know the board decides things privately, trust collapses.

How to Comply

1. Take all votes in properly noticed meetings.
2. Keep all deliberation on the record — no back-channel discussions of board business.
3. Post meeting notices per your governing documents and state law.
4. Maintain detailed minutes of every decision.
5. Use executive sessions sparingly and document the justification.