c) Board of administration meetings.—Meetings
of the board of administration at which a quorum of the members is present are
open to all unit owners. A unit owner may tape record or videotape the
meetings. The right to attend such meetings includes the right to speak at such
meetings with reference to all designated agenda items. The division shall
adopt reasonable rules governing the tape recording and videotaping of the
meeting. The association may adopt written reasonable rules governing the
frequency, duration, and manner of unit owner statements.
1. Adequate notice of all board meetings, which must specifically
identify all agenda items, must be posted conspicuously on the condominium
property at least 48 continuous hours before the meeting except in an emergency.
If 20 percent of the voting interests petition the board to address an item of
business, the board at its next regular board meeting or at a special meeting
of the board, but not later than 60 days after the receipt of the petition,
shall place the item on the agenda. Any item not included on the notice may be
taken up on an emergency basis by at least a majority plus one of the board
members. Such emergency action must be noticed and ratified at the next regular
board meeting. However, written notice of any meeting at which nonemergency
special assessments, or at which amendment to rules regarding unit use, will be
considered must be mailed, delivered, or electronically transmitted to the unit
owners and posted conspicuously on the condominium property at least 14 days
before the meeting. Evidence of compliance with this 14-day notice requirement
must be made by an affidavit executed by the person providing the notice and
filed with the official records of the association. Upon notice to the unit owners,
the board shall, by duly adopted rule, designate a specific location on the
condominium or association property where all notices of board meetings are to
be posted. If there is no condominium property or association property where
notices can be posted, notices shall be mailed, delivered, or electronically
transmitted at least 14 days before the meeting to the owner of each unit. In
lieu of or in addition to the physical posting of the notice on the condominium
property, the association may, by reasonable rule, adopt a procedure for
conspicuously posting and repeatedly broadcasting the notice and the agenda on
a closed-circuit cable television system serving the condominium association.
However, if broadcast notice is used in lieu of a notice physically posted on
condominium property, the notice and agenda must be broadcast at least four
times every broadcast hour of each day that a posted notice is otherwise
required under this section. If broadcast notice is provided, the notice and
agenda must be broadcast in a manner and for a sufficient continuous length of
time so as to allow an average reader to observe the notice and read and
comprehend the entire content of the notice and the agenda. Notice of any
meeting in which regular or special assessments against unit owners are to be
considered for any reason must specifically state that assessments will be
considered and provide the nature, estimated cost, and description of the
purposes for such assessments.
2. Meetings of a committee to take final action on behalf of the
board or make recommendations to the board regarding the association budget are
subject to this paragraph. Meetings of a committee that does not take final
action on behalf of the board or make recommendations to the board regarding the
association budget are subject to this section, unless those meetings are
exempted from this section by the bylaws of the association.
3. Notwithstanding any other law, the requirement that board
meetings and committee meetings be open to the unit owners does not apply to:
a. Meetings between the board or a committee and the association’s
attorney, with respect to proposed or pending litigation, if the meeting is
held for the purpose of seeking or rendering legal advice; or
b. Board meetings held for the purpose of discussing personnel
matters.
