What § 3-108 gives an owner

Board meetings are open. “Meetings shall be open to the unit owners except during executive sessions.”

Executive session is narrow. It may be entered only during a regular or special meeting; “No final vote or action may be taken during an executive session”; and it is available for five purposes only — consultation with the attorney, existing or potential litigation or mediation or arbitration or administrative proceedings, labour or personnel matters, contracts being negotiated where premature knowledge would disadvantage the association, and matters whose public knowledge “would violate the privacy of any person.”

There is an anti-evasion clause. The board “may not use incidental or social gatherings of board members or any other method to evade the open meeting requirements.”

Notice is ten days. Owners get ten days' notice of each board meeting, with the agenda. Board materials distributed to members in advance must be made “reasonably available to unit owners”, excluding unapproved minutes and executive-session materials.

Owners may speak. “Unit owners shall be given a reasonable opportunity at any meeting to comment regarding any matter affecting the common interest community or the association.”

Owners can force a meeting. Holders of at least 20 percent of the votes, or a lower percentage if the bylaws say so, may demand a special meeting; if the association does not notice it within 30 days, “the requesting members may directly notify all the unit owners.”

During declarant control the board must meet at least four times a year.

The deadline that has no analogue in the Open Meeting Law

Section 3-108(b)(10) provides that a board action taken without complying with the section “is valid unless set aside by a court”, and that a challenge “may not be brought more than 60 days after the minutes … are approved or the record of that action is distributed to unit owners, whichever is later.”

Sixty days. An owner who waits for the annual meeting to object to something done in March is out of time.

And a court will not enjoin a board from talking to its lawyer

An owner in Wayne Mills v. The Ridge Condominium Association, No. 26-CV-04341 (Windsor Unit), sought an ex parte temporary restraining order to block the association's board from meeting to consult its own counsel. The Vermont Superior Court denied it on the ordinary injunction standard, in a decision posted August 31, 2026.² Attorney consultation is one of the five enumerated grounds for executive session.

The applicability line

Section 3-108 reaches Vermont communities created before January 1, 1999 only through 27A V.S.A. § 1-204(a)(2), and only as to events and circumstances occurring after December 31, 2011. That list also provides that it does “not invalidate existing provisions of the declarations, bylaws, plats, or plans” of those communities.

Older Vermont condominiums therefore have the open-meeting right, but a conflicting bylaw provision adopted before 1999 survives alongside it — which is a good deal less clean than an owner reading § 3-108 alone would assume.

What to watch next

H.562, which would have required every owner meeting in a Vermont common interest community to be accessible by telephone or video, died in committee in 2026. Remote access remains permitted by § 3-108 and required by nothing.