Executive session

Say, Wayne, are the two who you think should be censured, also involved in the potential litigation?

Whether or not they are, I don't think that you need to give them notice of the possible censure as in the sense of "due process." It's not the same as a hearing, say, that you'd conduct for owners who are delinquent or might be fined.

You do need to give proper two day posted notice of the executive section agenda to homeowners. But I would just call that agenda item: "Personnel Matter," or some such instead of censure.

Usually we directors receive the detailed agenda a week in advance and I'd be specific about those two. Do you personally make out the agenda and distribute it to directors? Or do you have a property manager?

As you can see I don't know much about censures, but you can learn more at Davis-stirling.com, Main Index, Censure. Others on this forum might be more helpful.

In our HOA, the president has the authority to contact our HOA attorney. You might want to check with her/him.

Our Board has "disciplined" directors, e.g., a director revealed to a non-director the identity of a homeowner called to hearing. In that case, the Board as a whole directed her to never engage in that behavior again. Breach of fiduciary duties sounds very serious!