WilliamS1 (South Carolina)
Posts: 113
Posts: 113
Posted:
Under what situations is the board able to go into executive session and shield meeting notes from homeowner view?
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
Executive Session and Meeting Minutes
Started by WilliamS1 • 3 replies • 1968 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
It is different for each State as to what is allowed in ES, you need to check your State HOA and Non-Profit Corporation laws on what is allowed in SC. While what is discussed in ES is private among the participants the actions are not. Generally the BOD would go into ES to discuss a specific item, say a pending lawsuit. When they come out of ES their decision would be entered into the minutes i.e. The Board voted to hire Dewey, Cheatem and Howe to defend the HOA in a suit brought by the Declarant.
Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 388
Posts: 388
Posted:
William,
SC has two sets of statutes for HOAs -- the Horizontal Regime Act which is for condos and the Nonprofit corp act which applies to all HOAs that are incl as nonprofit corps. There are no statutes for single family home assn's (HOAs). The condo stautes do not discuss board meetings; however the nonprofit corp act states:
SECTION 33-31-822. Call and notice of meetings.
(a) Unless the articles, bylaws, or subsection (c) provides otherwise, regular meetings of the board may be held without notice.
This means SC does not have an open meeting requirement and that is why executive session meetings are not discussed. If the board does want to discuss confidential information they may do so in a regular meeting of the board. Whatever is discussed in confidence can be eliminated from the official minutes however it should be written up separately so that an official record of whatever was discussed and acted up will be available.
FYI, following are the topics which may be discussed in an executive session per the AZ open meeting law:
1) legal advice from an attorney
2) pending or contemplated litigation
3) personal, health or financial info about an individual member of the assn, an individual empoloyee of the assn or an individual employee of a contractor for the assn
4) matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the assn or an individual employee of a contractor of the assn who works under the direction of the assn
SC has two sets of statutes for HOAs -- the Horizontal Regime Act which is for condos and the Nonprofit corp act which applies to all HOAs that are incl as nonprofit corps. There are no statutes for single family home assn's (HOAs). The condo stautes do not discuss board meetings; however the nonprofit corp act states:
SECTION 33-31-822. Call and notice of meetings.
(a) Unless the articles, bylaws, or subsection (c) provides otherwise, regular meetings of the board may be held without notice.
This means SC does not have an open meeting requirement and that is why executive session meetings are not discussed. If the board does want to discuss confidential information they may do so in a regular meeting of the board. Whatever is discussed in confidence can be eliminated from the official minutes however it should be written up separately so that an official record of whatever was discussed and acted up will be available.
FYI, following are the topics which may be discussed in an executive session per the AZ open meeting law:
1) legal advice from an attorney
2) pending or contemplated litigation
3) personal, health or financial info about an individual member of the assn, an individual empoloyee of the assn or an individual employee of a contractor for the assn
4) matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the assn or an individual employee of a contractor of the assn who works under the direction of the assn
WilliamS1 (South Carolina)
Posts: 113
Posts: 113
Posted:
You all are fantastic.
Thanks so much
Thanks so much
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here