Question:
1. Is the Board for a HOA of less than 100 units required to give notice of the monthly meeting to all owners/residents within a specific time frame? Does the meeting need to be announced by the day of or not required at all?
Is the monthly HOA Board meeting null and void if homeowners were not given prior notice?
2. Does the HOA Board meeting need to be in an open, public space or can they meet in a home for their monthly meeting?
thank you,
– Cheryl
Answer:
Hi Cheryl,
According to the Kansas Uniform Common Interest Owners’ Bill of Rights Act Section 58-4612(c), board meetings must be held at the common interest community or at a place convenient to the community unless the bylaws state otherwise. In addition, Section 58-4612(e) states that notice must be given at least five days prior to board meeting dates unless the meeting is included in a schedule given to the unit owners. Emergency meetings are also exempt from notice.
There are also notice requirements for annual and special meetings according to Section 58-4611. The association must notify the owners at least 10 days prior, and notices may not be more than 60 days before the meeting date. If a special meeting is validly requested and the association does not notify unit owners of a special meeting within 30 days after the request, the requesting members may directly notify all the unit owners of the meeting.
Actions taken in meetings without proper notice might be void. For other guidelines related to meeting notices, you may refer to your governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
