In his latest communication to homeowners, President Mike Dixon has presented us with a unique insight into his thinking on Association governance, transparency and Board secrecy. If you have not already, you can read Mr. Dixon's latest epistle by clicking Here. However, as I read through Mike's explanation on the right of homeowners to attend certain meetings of the Board, I found myself in a state of some confusion. Perhaps it's me, but when I finished, I said to myself, “What did he tell us?”

As one who clearly has the ability to make himself abundantly clear, Mike appears to have labored hard to mask his own interpretation of the statutory requirements. I use the term "interpretation" because Mr. Dixon also uses that term in telling us that the statute has the appearance of uncertainty on who can attend what meetings and under what circumstances. The impression given is that interpretation and discretion by those with the duty to act, and not the statute, determines whether homeowners will have access to this or that meeting of the Board.

To me at least, what Mr. Dixon has failed to tell us with some specificity is whether in the case of the interested homeowner the light in unequivocally "on" and the meeting door is open or has that light been been turned "off" and the meeting door is closed, to use the analogy of the cartoon characters above. While Mr. Dixon refers to his chart listing all the types of "meetings" of the Board, he does not then go on to elaborate which of those meetings are open to members and which, if any, are closed to members, other than citing the known statutory prohibitions in NRS to preserve the confidentially of certain matters. While Mike does tell us that he has "elected to follow the more restrictive interpretation," without more specific information, it is difficult for the reader to know the the scope of his decision and interpretation of the statute.

While it appears that Mike has opened the inner workings of the Board to homeowners, some clarifications would be helpful. For example, are the following statements essentially true?

1. A meeting of the Board is any meeting of four or more member of the Board where a purpose of the meeting is to conduct the business of the Association. The "business of the Association" is defined to include any meeting where Association matters are discussed, whether or not votes are tallied, resources are committed, or decisions are made. Clearly, some events are not meetings, such as sporting, recreational, cultural and social events and similar non-business events where Board members may gather and meet.

2. Except as prohibited by statue, a homeowner may attend and speak at any meeting of the Board as defined above. Clearly, where the Board's presence is acting only to facilitate or sponsor another event, the opportunity for public participation may be limited.

3. There are no meetings of the Board of any type, other than emergency meetings and those specifically prohibited by statute to owners, that a homeowner may not attend.