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Condo Board Voting Procedures
Summary
In Ohio, condo boards must conduct votes in open meetings, not executive sessions, to ensure transparency. They can discuss requests in executive sessions but must vote in open sessions without revealing personal details. If a board fails to follow this procedure, it may be a procedural violation, but it doesnt automatically nullify the decision. Condo boards must adhere to Ohio open meeting laws, and residents can challenge improper procedures. Consider legal advice if necessary.Full Conversation
hmmm, so, reasonable accommodations...all information is confidential, so how could the board then reveal anything other than saying that a request was made and then they would take a vote in the open session? i'm confused how all this would work, privacy-wise for the requester?
In Ohio, the condo board can handle this by keeping the details of the request confidential while still fulfilling the requirement of voting in an open session. They can do this by:
- Only mentioning that a request for reasonable accommodation was made, without disclosing specific details.
- Voting on the request using a reference number instead of personal information.
This way, they maintain the requester's privacy while complying with open meeting laws.
Do you have any other questions about condo board procedures?
- Only mentioning that a request for reasonable accommodation was made, without disclosing specific details.
- Voting on the request using a reference number instead of personal information.
This way, they maintain the requester's privacy while complying with open meeting laws.
Do you have any other questions about condo board procedures?
so it would go like this...the board discusses the request in the executive session, then take a board vote in the open session without revealing any facts other than they were voting on a request for a reasonable accommodation. correct?
Yes, you've got it! The process would go like this:
- The board discusses the request in executive session.
- In the open session, they state they are voting on a request for a reasonable accommodation without revealing details.
- The vote is taken and recorded without disclosing personal information.
Do you need any more information on this topic?
- The board discusses the request in executive session.
- In the open session, they state they are voting on a request for a reasonable accommodation without revealing details.
- The vote is taken and recorded without disclosing personal information.
Do you need any more information on this topic?
no this has been an eye opener. my board did it all during the executive session and i am trying to get the details (it's my request they deliberated on). they are refusing to give me details stating confidentiality of executive session, even though fha/hud says they can't really hide behind that.
Case Rating: *
It sounds like you have a valid concern. In Ohio, condo boards are supposed to be transparent with their decisions, even if they keep specific details confidential. You may want to remind them of their obligation under Ohio law and FHA/HUD guidelines for transparency. If they still refuse, you might consider formal legal action or contacting a legal aid organization for further assistance.
Do you need more detailed guidance on the steps you can take to address this issue?
It sounds like you have a valid concern. In Ohio, condo boards are supposed to be transparent with their decisions, even if they keep specific details confidential. You may want to remind them of their obligation under Ohio law and FHA/HUD guidelines for transparency. If they still refuse, you might consider formal legal action or contacting a legal aid organization for further assistance.
Do you need more detailed guidance on the steps you can take to address this issue?
not at this time. but another question...if they made the decision to accept the ra in the executive session...not following proper procedure, would this nullify the accommodation?
Case Rating: *
If the condo board made a decision to accept the reasonable accommodation (RA) during an executive session, it could potentially be considered a procedural violation. However, this might not automatically nullify the accommodation. Here are a few points to consider:
- Procedural Violation: The decision should ideally be made in an open session. The board's failure to follow proper procedure might give you grounds to challenge the process.
- Validity of Decision: While the procedure might be flawed, the accommodation itself might still stand unless formally challenged.
- Legal Advice: Consulting with a legal expert might be necessary to determine the best course of action.
Would you like more detailed guidance on how to proceed with this issue?
If the condo board made a decision to accept the reasonable accommodation (RA) during an executive session, it could potentially be considered a procedural violation. However, this might not automatically nullify the accommodation. Here are a few points to consider:
- Procedural Violation: The decision should ideally be made in an open session. The board's failure to follow proper procedure might give you grounds to challenge the process.
- Validity of Decision: While the procedure might be flawed, the accommodation itself might still stand unless formally challenged.
- Legal Advice: Consulting with a legal expert might be necessary to determine the best course of action.
Would you like more detailed guidance on how to proceed with this issue?
not right now. i'm thinking i will bring this to light to the board and tell them that since they did not follow proper procedures from the very start (they did not ask me for any clarifications of my request, they did engage in any sort of interactive process beforehand) i will try and cobble together something. maybe you could help with piecing that all together?
Case Rating: *
Sure, I can help you piece this together. Here are the main points to highlight:
- The board did not ask for clarifications of your request.
- The board did not engage in any interactive process beforehand.
- The decision was made during an executive session, which violates Ohio law regarding open meetings.
Would you like more specific details or examples to include in your communication to the board?
Sure, I can help you piece this together. Here are the main points to highlight:
- The board did not ask for clarifications of your request.
- The board did not engage in any interactive process beforehand.
- The decision was made during an executive session, which violates Ohio law regarding open meetings.
Would you like more specific details or examples to include in your communication to the board?
yes please
Case Rating: *
Here are some specific details and examples you could include in your communication to the board:
- Lack of Clarification: "The board failed to ask for any clarifications regarding my request for reasonable accommodation, which is a necessary step in understanding and addressing the request properly."
- No Interactive Process: "There was no interactive process initiated by the board. According to FHA/HUD guidelines, an interactive process is essential to discuss and negotiate the accommodation request."
- Procedural Violation: "The board made the decision during an executive session, which is a violation of Ohio open meeting laws. All decisions should be made in an open session to ensure transparency and accountability."
Would you like more assistance or examples for your communication?
Here are some specific details and examples you could include in your communication to the board:
- Lack of Clarification: "The board failed to ask for any clarifications regarding my request for reasonable accommodation, which is a necessary step in understanding and addressing the request properly."
- No Interactive Process: "There was no interactive process initiated by the board. According to FHA/HUD guidelines, an interactive process is essential to discuss and negotiate the accommodation request."
- Procedural Violation: "The board made the decision during an executive session, which is a violation of Ohio open meeting laws. All decisions should be made in an open session to ensure transparency and accountability."
Would you like more assistance or examples for your communication?
yes a draft would help
Case Rating: *
Sure, here's a draft you could use for your communication to the board:
---
[Date]
[Board's Name/Condo Association's Name]
Subject: Concerns Regarding the Handling of My Reasonable Accommodation Request
Dear [Board's Name/Condo Association's Name],
I am writing to express my concerns regarding the handling of my recent request for a reasonable accommodation. It has come to my attention that the board's process did not comply with the necessary legal and procedural guidelines. I would like to highlight the following points:
*. Lack of Clarification:
The board failed to ask for any clarifications regarding my request for reasonable accommodation, which is a necessary step in understanding and addressing the request properly.
*. No Interactive Process:
There was no interactive process initiated by the board. According to FHA/HUD guidelines, an interactive process is essential to discuss and negotiate the accommodation request. This process ensures that both parties have a clear understanding of the request and can work together to find a suitable solution.
*. Procedural Violation:
The board made the decision regarding my request during an executive session, which is a violation of Ohio open meeting laws. All decisions should be made in an open session to ensure transparency and accountability. The decision should be formally voted on and recorded in the minutes of an open session meeting, without disclosing any personal details.
Given these points, I respectfully request that the board reconsider the handling of my request and take the necessary steps to ensure compliance with both Ohio law and FHA/HUD guidelines. Transparency and adherence to proper procedures are crucial in maintaining the trust and confidence of all residents.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
[Your Name]
---
Would you like more assistance on any specific part of this draft?
Sure, here's a draft you could use for your communication to the board:
---
[Date]
[Board's Name/Condo Association's Name]
Subject: Concerns Regarding the Handling of My Reasonable Accommodation Request
Dear [Board's Name/Condo Association's Name],
I am writing to express my concerns regarding the handling of my recent request for a reasonable accommodation. It has come to my attention that the board's process did not comply with the necessary legal and procedural guidelines. I would like to highlight the following points:
*. Lack of Clarification:
The board failed to ask for any clarifications regarding my request for reasonable accommodation, which is a necessary step in understanding and addressing the request properly.
*. No Interactive Process:
There was no interactive process initiated by the board. According to FHA/HUD guidelines, an interactive process is essential to discuss and negotiate the accommodation request. This process ensures that both parties have a clear understanding of the request and can work together to find a suitable solution.
*. Procedural Violation:
The board made the decision regarding my request during an executive session, which is a violation of Ohio open meeting laws. All decisions should be made in an open session to ensure transparency and accountability. The decision should be formally voted on and recorded in the minutes of an open session meeting, without disclosing any personal details.
Given these points, I respectfully request that the board reconsider the handling of my request and take the necessary steps to ensure compliance with both Ohio law and FHA/HUD guidelines. Transparency and adherence to proper procedures are crucial in maintaining the trust and confidence of all residents.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
[Your Name]
---
Would you like more assistance on any specific part of this draft?
and it's law that a condo board has to follow ohio open meeting laws?
Case Rating: *
Yes, it is the law that condo boards in Ohio must follow Ohio's open meeting laws. This means they are required to conduct votes and make decisions during open meetings, ensuring transparency and accountability.
Do you have any other questions related to this matter?
Yes, it is the law that condo boards in Ohio must follow Ohio's open meeting laws. This means they are required to conduct votes and make decisions during open meetings, ensuring transparency and accountability.
Do you have any other questions related to this matter?
no thanks this will work great.
Case Rating: *
I'm glad to hear that the information will be helpful for you! If you have any other questions in the future, feel free to reach out. Good luck with your communication to the board!
I'm glad to hear that the information will be helpful for you! If you have any other questions in the future, feel free to reach out. Good luck with your communication to the board!
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