Question:
I currently reside on the board for the HOA where I reside. I have submitted ARCs over the past several years while on the Board. When my ARCs came up to be considered I would abstain from voting on whether the ARC was approved or not approved. However, at the last board meeting when my ARC was being considered, I was asked to leave the room. This was the first time this happened. Not sure what changed or why I was asked to leave this time but never in the past. My question is…
If you are on a board and your ARC is being presented to the Board for approval, can the other board members ask you to leave the room? Or is it lawful to stay in the room but not vote. Please advise.
Answer:
Hi,
According to the Virginia Property Owners Association Act Section 55.1-1816(A), board meetings must be open for all members to attend. Section Section 55.1-1816(C) makes an exception for executive sessions, subcommittees, or other board committees to consider personnel matters, consult with legal counsel, discuss contracts/litigation/
Such meetings are only open to the board members (for executive sessions) or committee members (for subcommittee or board committee meetings). There may also be rules regarding meeting attendance for architectural review committees in the governing documents. Kindly review them for verification. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
