HOA Board Emails Kept Confidential

Hi Marie,

According to the Maryland Homeowners Association Act Section 11B–111(4), a meeting of the board of directors or other governing body of the association may be held in closed session only for the following purposes:

• Discussion of matters pertaining to employees and personnel
• Protection of the privacy or reputation of individuals in matters not related to the homeowners association’s business
• Consultation with legal counsel on legal matters
• Consultation with staff personnel, consultants, attorneys, board members, or other persons in connection with pending or potential litigation or other legal matters
• Investigative proceedings concerning possible or actual criminal misconduct
• Consideration of the terms or conditions of a business transaction in the negotiation stage if the disclosure could adversely affect the economic interests of the homeowners association
• Compliance with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure
• Discussion of individual owner assessment accounts

If these emails count as meetings, they may be kept confidential if the meetings are being held for these purposes. The board must also keep minutes of these meetings as official records of the association. However, the records may also be kept private and not available for inspection if they discuss sensitive topics such as those stated in Section 11B–112(2).

On the other hand, if the topics being discussed do not fall under these categories, then the meetings must be open to all members according to Section 11B–111(1). You may raise this with your HOA board if these meetings do not discuss those sensitive topics.

Moreover, Section 11B–113.6(a)(1) states that notwithstanding language contained in the governing documents of the association, the governing body may authorize meetings of the association, the governing body, or a committee of the association to be conducted or attended by telephone conference, video conference, or similar electronic means.

However, Section 11B–113.6(a)(2) does state that the equipment or system used must permit any lot owner, board member, or committee member in attendance to hear and be heard by all others participating in the meeting. Hence, whether the emails count as a meeting or not may depend on the interpretation of the law. Kindly consult a lawyer for further guidance.