Private Meetings after Official Board meeting is over

Started by IreneJ • 7 replies • 1058 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

IreneJ (California)
Posts: 38

Posted:

Lately, the board has been asking specific homeowners to stay for a closed session meeting after the executive and regular session meetings are over. They close the door and nothing is ever put on any agenda or meeting minutes. Is this legal?

TimB4 (Tennessee)
Posts: 21,059

Posted:

I can't say if it is legal or not. For a legal opinion, you need to ask a local attorney.

What I can say is that it may be possible that the Board is entering another executive session. Depending on the issues being discussed, executive sessions are allowed but any decisions need to be recorded in an open session meeting minutes.

It is also possible that they are simply discussing getting together for a bowling game and not conducting Association business.

My suggestion would be to ask a member of the Board if the meetings are about Association business. If they are, point out your concerns that the Board may be putting the Association at risk if they are not complying with applicable statutes governing executive sessions.

MikeS1
Posts: 521

Posted:

Tim - Isn't it a standard practice to note in the regular meeting minutes when you go into Executive session and when you come out?

TimB4 (Tennessee)
Posts: 21,059

Posted:

It is for VA Associations.
I suspect that it is for CA as well, but I haven't checked.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Irene, it sort of sounds like the boar is conveying an executive session. But in CA, agendas of executive sessions must be posted 2 days ahead of those meetings (names of those called to hearing, etc., obviously are not stated). The general summary of what was done, an Executive Session Disclosure, in ES must be noted in the next open meeting minutes.

As you know, very few topics are allowed to be discussed in ES in CA. For more, Irene, visit davis-stirling.com -> Main Index -> Open Meeting Act.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By TimB4 on 10/25/2013 12:46 PM
It is for VA Associations.
I suspect that it is for CA as well, but I haven't checked.

It is for Connecticut as well. Also, no votes may be taken in ES.

JeanneK3 (Maryland)
Posts: 562

Posted:

Could it be a closed hearing to discuss a covenant violation? In Maryland Condos, everyone is entitled a private hearing before the board can take any sanctions.

Jeanne

CarolR11 (Colorado)
Posts: 2,563

Posted:

Right, Jeanne, in CA, lots of places, and in Robert's Rules of Order, "closed meetings" are called executive sessions. In CA, as noted above, the agendas must be posted two days in advance.

🎯 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