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DavidA7 (California)
Posts: 179
Posted:
Question: My board for their annual meeting has listed multiple items for executive session discussion that don't fall under executive session per the Davis sterling act. We are in Califonia.

http://www.davis-stirling.com/MainIndex/ExecutiveSessionMeetings/tabid/1769/Default.aspx is a link for the Executive session items.

One example: is disucssion on and voting on a CC&R amendment that I proposed to the Board.

This doesn't fall under: Legal issues, formation of contracts, disciplinary hearing, personal issues or payment of assessments.

I have asked the Board to move it to an Open meeting item. While I have no say on what can be listed on an Agenda do I, as a Association owner, have ability to request an item that is listed as Executive Session be moved to an open meeting discussion? What options do I have if the BOD refuses and discusses it in Executive session?

Thanks,

RichardP13 (California)
Posts: 1,767
Posted:
I was elected to our Board last night at our Annual Meeting. After the Annual Meeting was adjourned, the PM asked all the members to leave so that the Board could meet in Executive Session to appoint officers for the upcoming year. My wife would was in attendance tolkd the PM that the selection of officers must be done in open session per our governing docs and the Davis Stirling Act and California Corporation Code. The PM kept insisting that my wife was wrong, all the while the attroney is standin g next to the PM, no saying a word. After 5 minutes, the attorney finally told the PM the members had a right to observe the process.

After the chaos of the meeting last night and the finger pointing from the previous two Board members joining the new Board members, I get an e-mail from one of carryovers to hold a special executive session to iron out our differences. Apparently, all Association business has been done behind closed doors for the past year and they wonder why the members are calling for transparency.

I believe your only option is to ask to speak at the next Board meeting and make sure you have the Open Meeting Act printed out and in your hands when you address not only the Board but the audience as well. Don't feel bad, even some Board members don't have the right to get items on the agenda.

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