July 23, 2010

Your owners' tenants are beginning to show up at association meetings. And on occasion, a potential vender stops by. This week's tip addresses whether you can and should boot those nonmembers.

How you treat "outsiders" depends on your state's laws and your governing documents. In North Carolina, anyone can attend association meetings, says Michael S. Hunter, an attorney and partner at Horack Talley in Charlotte, N.C., who represents more than 500 community associations.

"There are no state statutes that govern who can attend association meetings. But most homeowners associations limit meetings to members through their rules or regulations. Some invite tenants because they want them to feel a part of the community, but tenants don't have any legal right to attend."

California homeowners associations have to look to their governing documents. "Board meetings are subject to the open meeting act," says Robert M. DeNichilo, an attorney at DeNichilo & Lindsley LLP in Irvine, Calif., who specializes in representing community associations.

"California statute says members are entitled to attend, so members have to be allowed unless it's an executive session. California law doesn't define members, but they're typically defined in governing documents as owners of a property. So look at your governing documents to see if they define who's a member.

"For example, if tenants want to attend, I'd say no because they're not members," adds DeNichilo. "We've had situations where renters want to show up, or even attorneys for a member [want to come]. We typically will say, 'No, the meeting is open only to members," and we've asked them to leave."

For more information, including when to implement restrictions and when not to, see our new article: Who Can Attend Your HOA Meetings?

Best regards,
Matt Humphrey
President