Can a HOA board only hold executive session meetings other than one yearly meeting? Our community gathered two thirds community votes on allowing sheds and when community members showed up, the board said this was an executive session and told community members to leave. Are proxy votes not valid unless distributed by the board?
Virginia law does not require a specified number of board meetings to take place. However, your community’s bylaws should dictate the frequency of board meetings, including the notice requirements of such meetings.
Board meetings (those not held in executive session) are open to all recorded members of the association, as stipulated in Virginia’s Property Owners’ Association Act. This section of the law also requires the board to convene in executive session “upon the affirmative vote in an open meeting to assemble in executive session.” As such, the board should hold an open meeting before convening in executive session. Additionally, subject to reasonable rules, the board must provide a designated period during each meeting to allow for homeowner comments.
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