emergency executive meetings

JohnN10 (California)
Posts: 7

Posted:

HI: I am a board member. I'd like to know if it is OK to call an emergency executive meeting with only six hours notice to Board members, and no advance agenda. There is no impending disaster/financial problem. John N

BradP (Kansas)
Posts: 2,640

Posted:

nope...unless you are under attack or a natural disaster has just struck

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By JohnN10 on 11/12/2012 2:40 PM

There is no impending disaster/financial problem.

Then it doesn't sound like you need to hold an emergency meeting.

CA Civil Code §1363.05(g) defines emergency meetings as one where "there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section."

A good rule of thumb, if the work or decision can wait, it's not an emergency.

Additionally, in California, Executive Sessions are limited to the following topics:

1. Legal Issues. This preserves attorney-client privilege, litigation strategy and settlement strategies for current and potential litigation matters. The association's attorney does not need to be present either in person or by phone for the board to meet in executive session to discuss legal issues.

2. Formation of Contracts. Boards may consider matters relating to the formation of contracts with third parties.

3. Disciplinary Hearings. Boards should meet in executive session for all disciplinary hearings. The accused member is entitled to attend the executive session for that portion of the meeting dealing with member's hearing.

4. Personnel Issues. Personnel matters which include, but are not limited to, hiring, firing, raises, disciplinary matters and performance reviews.

5. Payment of Assessments. Board may meet with members in executive session to discuss requests by delinquent members for payment plans.

6. Foreclosure. The decision to initiate foreclosure shall be made only by the board of directors of the association and may not be delegated to an agent of the association. The board must approve the decision by a majority vote of the directors in executive session. Civ. Code §1367.4(c)(2).

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By TimB4 on 11/12/2012 2:51 PM

Posted By JohnN10 on 11/12/2012 2:40 PM

There is no impending disaster/financial problem.

Then it doesn't sound like you need to hold an emergency meeting.

CA Civil Code §1363.05(g) defines emergency meetings as one where "there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section."

A good rule of thumb, if the work or decision can wait, it's not an emergency.

Additionally, in California, Executive Sessions are limited to the following topics:

1. Legal Issues. This preserves attorney-client privilege, litigation strategy and settlement strategies for current and potential litigation matters. The association's attorney does not need to be present either in person or by phone for the board to meet in executive session to discuss legal issues.

2. Formation of Contracts. Boards may consider matters relating to the formation of contracts with third parties.

3. Disciplinary Hearings. Boards should meet in executive session for all disciplinary hearings. The accused member is entitled to attend the executive session for that portion of the meeting dealing with member's hearing.

4. Personnel Issues. Personnel matters which include, but are not limited to, hiring, firing, raises, disciplinary matters and performance reviews.

5. Payment of Assessments. Board may meet with members in executive session to discuss requests by delinquent members for payment plans.

6. Foreclosure. The decision to initiate foreclosure shall be made only by the board of directors of the association and may not be delegated to an agent of the association. The board must approve the decision by a majority vote of the directors in executive session. Civ. Code §1367.4(c)(2).

I agree with Tim. It doesn't sound like an emergency. Tim has listed everything you need to know except maybe that you can access a lot of info from the website: http://davis-stirling.com/

This website is run by an attorney's office and so some of the things written there are the opinion of that office. However, it works as a good database. Another place you can go to for information is the California Condo Guru: http://www.californiacondoguru.com/

Good luck with your volunteer service on the board!

CarolR11 (Colorado)
Posts: 2,563

Posted:

The others are right, JohnN.. You may only discuss the topics outlined by Tim. In addition, in Cali since 1/1/12, you must post a notice and agenda outline 2 days ahead of an executive session.

What the heck IS the topic anyway??