Sunshine Law

What is a sunshine law?

Sunshine laws require open meetings and open records from most public entities, reflecting the philosophy of Louis Brandeis, an early 1900s U.S. Supreme Court justice, that “sunshine is … the best of disinfectants.”

As private, not-for-profit entities, only some aspects usually apply to homeowner associations, such as meetings open to members, advance notice of meetings, and provision of members with annual budgets, bylaws, or other documents reflecting the HOA’s policies, actions, and fiscal practices. Where sunshine laws require HOA meetings to be open to members, exceptions are made for executive sessions, where board members may discuss personnel matters, litigation, account delinquencies, or other sensitive issues where confidentiality is required.

Why is a sunshine law important for HOAs?

The violation of sunshine laws can invoke penalties in some states and are subject to lawsuit in others. Moreover, the theory and spirit behind sunshine laws—that secrecy is not a healthy environment for public or semi-public entities in a democratic society—is widely acknowledged as true, and it is common for the bylaws of homeowners associations to require that meetings be open to members, that key documents be made available to members, and to make other provisions for transparency in the HOA’s operations.

Excepting issues reserved to executive sessions, more scrutiny rather than less would seem an automatic benefit for a pseudo-public entity such as an HOA, which impacts many people’s financial health and quality of life.

How can you use “sunshine law” in a sentence?

HOA board members must ensure compliance with the state’s sunshine law, which requires transparency by mandating that meetings and decisions be open and accessible to homeowners.