Let Me In! – Boards and the Open Meetings Act

I am often confronted with amazement when I tell people that property owners' association board meetings are not required to be open, either to the public or the membership of the association. "How can that be?", I am asked – how can a board violate the Texas Open Meetings Act? The answer is simple: the Open Meetings Act (actually now called the "Public Information Act") applies to governments, not private property owners associations (unless they go through a series of hoops to subject themselves to it, and only one association in the State of Texas has done that). Condominium association board meetings are required to be open to members under the Texas Uniform Condominium Act; this requirement applies only to condo associations. Outside of those associations, closing the meetings of the board does not violate any law.

It is important to note that association bylaws or other governing documents can create a requirement to have open board meetings. Those authorities need to be checked to be sure what rules cover your association.

Since the law does not require open meetings for non-condo associations, the board of each gets to decide whether to allow members to attend. Some find that it is helpful to the members who are interested in association business to find out what is going on more frequently than an annual meeting. Others have owners who become disruptive if they speak, and so they decide to close the meetings. Another solution would be to allow members to attend, but not to let them take part in discussions, leaving the board to handle its business. Whether you open the meetings to let the owners in or not is often a judgment call.

By Tom L. Newton, Jr.