The 2011 community association legislation clarifies owner privacy rights and expands owner access to employee salary information, among other things. Did you know?
Right to Speak at HOA Board Meetings:
The Homeownersâ€™ Association Act has been amended to state that owners have the right to speak at meetings of the board with reference to â€œall designated items.â€ Under previous law, HOA members could only speak at board meetings as a matter of right if so provided in the bylaws, or if the owners called for a special board meeting by a complicated petition process. The condominium statute has, for decades, allowed unit owners to â€œparticipateâ€ at board meetings with respect to all designated agenda items. Curiously, the new provisions in the Homeownersâ€™ Association Act, while providing that members now have the right to speak with reference to â€œdesignated itemsâ€, does not require the HOA board to publish an agenda with its posted notice, as is the case in condominiums.
The condominium statute has been amended to clarify that a candidate must be eligible to serve on the board at the time of the deadline for submitting a notice of intent (forty days before the election) in order for his or her name to be listed on the ballot. For example, if a unit owner is more than ninety days delinquent in the payment of assessments to the association at the time of deadline for submitting a self nomination, they would not be eligible to run for the board. Interpretations of the previous statute were that such a person would need to be placed on the ballot, on the theory that they could cure their ineligibility (for example, bringing their account current) prior to taking their seat on the board.