89. Are HOAs bound by the WV Open Meetings Act?

Read your governing documents – in WV some are some are not.

HOAs are not a public agency – HOAs are individual quasi-governmental type agencies and all members of the HOA retain their attendance rights to attend all scheduled meetings with the exception of executive session and confidential hearings. 

HOA meetings are understood to be “open meetings” within their individual community.

The state statute on Open Governmental Proceedings, sometimes called the Open Meetings or “Sunshine” Act, was enacted to ensure that the proceedings of all public agencies are conducted in an open and public manner, so that the people may be informed about the actions of their governments and retain control over them.

Reference Summary West Virginia Code §6-9A

TIP: planned communities want their homeowner members, their public, to be just as informed about the actions of their Board of Directors on their behalf and retain control over them as well.