33-2208. Association open meetings; exceptions; notices

A. Notwithstanding any provision in the timeshare instrument to the contrary and except as provided in this section, after the period of developer control under section 33-2204, all meetings of the association and board are open to all members of the association and all members so desiring shall be permitted to attend and listen to the deliberations and proceedings. Meetings shall be conducted as provided in the timeshare instrument. The board may close any portion of a meeting of the board if that portion of the meeting is limited to consideration of one or more of the following:

1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, the board may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment.

2. Pending or contemplated litigation.

3. Financial information about an individual member of the association, an individual employee of the association, an individual employee of the managing entity or an individual employee of a contractor for the association or managing entity.

4. Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association, an individual employee of the managing entity or an individual employee of a contractor of the association or managing entity who works under the direction of the association or the managing entity.

B. A meeting of the members of the association shall be held at least once each year after the period of developer control under section 33-2204. Special meetings of the members of the association may be called by the president, by a majority of the board or by owners having at least twenty-five per cent of the votes in the association, or any lower percentage specified in the timeshare instrument. Unless otherwise provided in the timeshare instrument, not fewer than thirty nor more than ninety days in advance of any regular meeting of the owners, and not fewer than ten nor more than sixty days in advance of any special meeting of the owners, the association or managing entity shall cause notice of the meeting to be sent or provided to the mailing address of each owner on record with the association. The notice of any meeting of the owners shall state the time and place of the meeting. The notice of any special meeting of the owners shall also state the purpose for which the meeting is called. Notices of meetings may be in the form of an annual or other list of upcoming meetings and need not be specific to one meeting. The failure of any owner to receive actual notice of a meeting of the owners does not affect the validity of any action taken at that meeting.

C. Unless otherwise provided in the timeshare instrument, for meetings of the board of directors that are held after the termination of developer control of the association, at least ten days in advance of any meeting of the board, the association or managing entity shall cause notice of the meeting to be sent to the mailing address of each owner on record with the association. Notice to owners of meetings of the board is not required if emergency circumstances require action by the board before notice can be given. Any notice of a board meeting shall state the time and place of the meeting. Notices of meetings may be in the form of an annual or other list of upcoming meetings and need not be specific to one meeting. The failure of any owner to receive actual notice of a meeting of the board does not affect the validity of any action taken at that meeting.

D. Notices may be in newsletters or similar mailings. Mailing shall occur by prepaid United States mail or electronic mail for those owners who have provided electronic mail addresses or any other reasonable method selected by the board. An affidavit of notice by an officer of the association or by the managing entity is prima facie evidence that notice was given as prescribed by this section.