Does the “Open Meeting Act” really prevent directors from discussing association business without first giving notice to the owners?
Notice need not be given in all situations. First, the statute only prevents a majority of the board from discussing any “item of business scheduled to be heard by the board.” Thus, there appears to be no rule against board members discussing, outside of a board meeting, items not “scheduled to be heard” by the board. Also, the law does not prohibit communications with committees, including a committee which includes a board member, so long as the committee does not include a majority of the board.
