Non-Board member is requesting a closed Board meeting (excluding the President)

We don't have anything in the by-laws provided for a session like this to happen. I know that special meetings should be called by the President or the Secretary. She is excluding the President because she has accusations against him. She sent a 6-page-letter to every Board member excluding the President..
What would be the right way for her to bring this subject to be resolved?

Natalya,

Closed (executive) sessions are typically entered into and return to an open meeting. Any decisions or agreements reached in the executive session typically need to be entered into the open meeting minutes to become effective.

Minutes should also be kept of the executive session. All directors should have access to all minutes, including executive sessions, of the association.

Tim

We had a similar issue were a member accused the President of the BOD of a conflict of interest. We went into executive session to discuss the accusation as we would to discuss any such accusation. The President recused himself from the BOD regarding this issue. The Vice-president chaired the meeting and we considered the accusation. The President was asked a few questions to help us decide but in the end we voted unamiously that there was no validity to the accusations.

The member was notified in writing of the findings. Rumor was he considered legal action but he dropped the whole thing.

The one thing I do not know is what would/should happen if the accuser had asked to speak to the issue in Executive Session.

I am not. I am not afraid of our new neighbor's accusations, it's just it's been 3 years now and I can't believe that it has to be brought back again. Oh, well...

Oh, here you go. They found a way to this website. My guess it's Mr.H... Welcome to HOATalk!

Bama,

Welcome to the forum. As the Banner at the top says, this is a positive place for community association leaders to share ideas and learn from each other. Although members of this forum often assist each other with various issues and procedural matters, as the posting rules state, "please keep it clean, helpful, positive and friendly." As you read through the threads on this forum, many have different perspectives on the issues presented. Sometimes this different perspective is taken in the manner intended (to be helpful) and sometimes it is not.

I don't know what the difference between a violation and an extreme violation is other than semantics. Based on your posting and from what I recall from earlier posts on the topic, it appears that a Board of Directors resolved the issue. Most resolutions are those that nobody is completely happy with.

As for what I've learned from this thread, it appears that the current Board violated this individuals legal right of due process (i.e. the right to face accusers). It's also possible that the board violated State laws (Corporate and/or HOA/Condo) by not allow an elected Director to attend the meeting (but I have not done the research to verify if this is or isn't the case).

It's apparent from your post that you do not agree with the decisions of your current (and perhaps past) Board of Directors. As with any disagreement, members typically have the following options at their disposal:

1) Live with it.
2) Complain about it.
3) Solicit signatures to hold a special meeting to recall the director/s
4) Submit their name as a candidate to the board in the next election.
5) Move.

Even if the old board is tossed out and a new board is voted in, to revisit a resolved issue (even if the decision to resolve it was a considered a bad one) tends to open up many issues for the Board. First of which would be the perspective from the membership. Two issues that could happen that I can think of are:
"if a board can erase an agreement made by an earlier board what must I do to legally protect myself?"
"Why is the board costing me money to pay legal bills for an issue that was already resolved?"

I'm sure that their are other issues as well. Once the Assessments go up to pay legal costs to revisit an old issue, these are the problems a new board will possibly be creating. This is why it's best to leave a bad decision as a bad decision, learn from it and move forward. Otherwise, your Association could be in the news which could affect home sales which could affect property values.

Again, Welcome to the Forum.

Tim

Typically Attorney's keep copies of all documents they make.
Perhaps the Board can contact that attorney to get a copy if there is none in the Association files.
If the attorney has a signed copy, then I wouldn't be concerned if the Board approved it or not as the Attorney would not have sent it if the Board didn't agree.

Kelly, if I were the owner/board member I would conduct it the way you suggest...but it's not me asking for or participating in this meeting that the board called. But regardless, executive sessions are to discuss intimate details that are Yes recorded in minutes but not necessarily for all the laundry to be aired with the general membership. This owner has a 5+ year history of non-compliance, evading resolution, telling untruths about the details of the situation, etc...all with boards made up of different people from year to year. It is upsetting when someone that's 5 days late with their dues are refused entry to the pool, for example, when this owner has made major structural changes in a roof system they did not own (and that could possibly collapse), then refuse for years to comply to have it repaired and inspected. How is it that it's ok for him to revoke a pool privilege for a slightly late dues offender when he sits on the board and makes decisions against other owners who have not committed nearly the serious offenses he has and refuses to correct. Would you sit silently by? Probably not. By the way, if that roof falls, the HOA's insurance will NOT pay for restoration and the HOA does not have enough money to repair it. And that roof will add cost to the HOA's expenses forever, now.

Given tornados in Alabama and especially in our specific area where we have serious to severe damage in our immediate area year after year and given the fact that 400 to 500 lbs of skylights have been added to a 920 square foot roof where the a couple of trusses have been cut and compromised is NOT NOT NOT an embellishment. The City building permit department head says yes, the roof could fall more easily once trusses are cut if they are not repaired or are poorly repaired. And YES the City Inspectors were involved three years ago (after that board forced the owner to get after the fact permits) and the City is again involved...because they admitted they failed to perform the final inspection to verify the architects/engineers drawings to repair the trusses were followed exactly. Mainly because the owners would never make an appointment for them to come perform the final inspection and the inspector at that time let it fall in the cracks. The City admits they dropped the ball but have assured they will resolve the matter by demanding a final inspection soon...meanwhile the owner has lied to the past and present boards again and again. The altered roof, whether repaired or not, will call added expenses to the HOA's budget for all years to come, whether the unit belongs to this owner or he sells it to another owner. And no insurer will pay for repair or replacement of that unit if the board did not perform it's legal and fiduciary duty to ensure that unit meets building codes and is safe. This board, every board has a legal and fiduciary obligation to protect ALL owners of the HOA. All this is NOT personal. It is business...HOA business.

Ali Bama:

Did you personally witness the trusses being cut? If not, then how do you know they were cut? Most skylights are designed to fit between the trusses. How big are these skylights? The weight you give (400-500 pounds) seems a bit much, but two or three workmen on the roof would weigh about the same. How much weight can your roofs withstand before they collapse?

You indicated and architects and/or engineers were involved somewhere in the design and installation of the skylights. Is their competence in question? If the association owns the roof, why has it not inspected its own roof?

What professional credentials do you possess that would make your opinions credible instead of just so much gossip?

So your saying that once the job passes a final inspection everything will be resolved?

Don't count on it, Tim. This sounds like one of those issues that will never go away. Kinda like Hatfields and McCoys or North versus South or Republicans versus Democrats or Ford versus Chevy.

Nope, of 110 units only ONE other unit has a skylight and they got board permission, permits, and final inspections and it was a smaller fixed skylight.

Actually,

I'm getting ready to report this and the other threads to the moderator.

That's fine. Then Natalya's untruthful statements will be removed. Awesome.