Executive session vs Special session?

Started by MarilynN1 • 2 replies • 1049 views

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MarilynN1 (Michigan)
Posts: 30

Posted:

Please explain the difference......we have a co-owner who sent out letters to the entire community complaining about the Board of Directors with something very petty and unfounded. A mistake on her part but never the less....the letter was sent out. We are a brand new board only 3 months old and we have done everything according to our by-laws and know we had full transparency on all matters. I thought we are doing a good job and everything is running very smoothly. We would like to "put to rest" this co-owner's letter and respond to her quickly before our next board meeting which is 3 weeks away. Do we call a closed meeting a "special session or executive session", what is the difference or are they the same?

TimB4 (Tennessee)
Posts: 21,059

Posted:

A special meeting is a meeting held between regularly scheduled meeting.
Special meetings are open meetings and typically only cover one or two issues that can't wait for the next scheduled meeting.

Executive sessions are entered into and return to an open meeting. Executive sessions are used to discuss issues of a sensitive nature. Even if the issue is sensitive, decisions need to be done in an open meeting.

State laws vary, but many States specify which topics may be discussed in an executive session. If it's not one of those topics, then the issue must be dealt with in an open session. Typically the topics are personnel matters; consult with legal counsel; discuss and consider contracts, pending or probable litigation and matters involving violations of the declaration or rules and regulations adopted pursuant thereto for which a member, his family members, tenants, guests or other invitees are responsible; or discuss and consider the personal liability of members to the association. Again any decision should be made in an open session.

Hope this helps,

Tim

MarilynN1 (Michigan)
Posts: 30

Posted:

Thanks Tim!

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