๐Ÿ’ฌ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account โ†’

โšก Takes 30 seconds

Already a member? Log in

NpS (Pennsylvania)
Posts: 4,216
Posted:
PA is not an open meeting state, so not an issue here.

But the idea of putting the open meeting on hold while the board goes into ES raises a question.

Do you put any time limits on ES?

Do you tell the non-board members: "We're going into ES now. We'll be back when we're done."
Do you say: "It should take us about 10 minutes to discuss. One of us will come out and tell you if it's going to take longer."
Or maybe: "We could be at this for quite a while."


Sikubali jukumu. Read all posts at your own risk.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
How would you want it to be done? What would be considerate to you? Simply ask your fellow board or attending members if they want a time limit and how much is too much? Ya run the place, so do it the way you want to.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
When I was on the Board, we rarely had executive sessions and when we did, they were at the end of the regular open meeting and anyone not on the board would be sent home. You might want to do the same so you don't run into time issues, or hold it before the meeting.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BanksS
Posts: 403
Posted:
Quote:
Posted By SheliaH on 07/30/2015 7:48 AM
When I was on the Board, we rarely had executive sessions and when we did, they were at the end of the regular open meeting and anyone not on the board would be sent home. You might want to do the same so you don't run into time issues, or hold it before the meeting.

Very good idea Sheila. I am proposing open board meetings to our board. I actually sent communication to the board about it yesterday. If I am given a "how do we handle ES," I will tell them it is done at the end of the meeting after the membership has been dismissed in some associations. Thanks.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By BanksS on 07/30/2015 8:00 AM
Posted By SheliaH on 07/30/2015 7:48 AM
When I was on the Board, we rarely had executive sessions and when we did, they were at the end of the regular open meeting and anyone not on the board would be sent home. You might want to do the same so you don't run into time issues, or hold it before the meeting.


Very good idea Sheila. I am proposing open board meetings to our board. I actually sent communication to the board about it yesterday. If I am given a "how do we handle ES," I will tell them it is done at the end of the meeting after the membership has been dismissed in some associations. Thanks.

OK. But what if there needs to be a vote after the ES?

Sikubali jukumu. Read all posts at your own risk.
BanksS
Posts: 403
Posted:
Quote:
Posted By NpS on 07/30/2015 8:21 AM
Posted By BanksS on 07/30/2015 8:00 AM
Posted By SheliaH on 07/30/2015 7:48 AM
When I was on the Board, we rarely had executive sessions and when we did, they were at the end of the regular open meeting and anyone not on the board would be sent home. You might want to do the same so you don't run into time issues, or hold it before the meeting.


Very good idea Sheila. I am proposing open board meetings to our board. I actually sent communication to the board about it yesterday. If I am given a "how do we handle ES," I will tell them it is done at the end of the meeting after the membership has been dismissed in some associations. Thanks.

OK. But what if there needs to be a vote after the ES?

Sorry will you please clarify? Do you mean a vote of the members?
KerryL1 (California)
Posts: 14,550
Posted:
For the past several years, we've had ES immediately prior to our regular (open) board meeting. There is no requirement in CA to adjourn, convene ES while 20 owners cool their heels, adjourn it and return to the open meeting.

I think, BankS this works better than after the open meeting.

In CA an (bare bones) ES agenda must be posted 2 days prior to it being held.

This works well for as, for instance, we discussed two contracts in formation at ES Tues. 7/28 and voted on them in the open meeting. In ES we typically discuss delinquencies and owners are invited to hearing for disciplinary matters.

Prior to 8 years ago, the then boards often held ES on a different day one or two days before the open meeting

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By BanksS on 07/30/2015 8:25 AM
Posted By NpS on 07/30/2015 8:21 AM
Posted By BanksS on 07/30/2015 8:00 AM
Posted By SheliaH on 07/30/2015 7:48 AM
When I was on the Board, we rarely had executive sessions and when we did, they were at the end of the regular open meeting and anyone not on the board would be sent home. You might want to do the same so you don't run into time issues, or hold it before the meeting.


Very good idea Sheila. I am proposing open board meetings to our board. I actually sent communication to the board about it yesterday. If I am given a "how do we handle ES," I will tell them it is done at the end of the meeting after the membership has been dismissed in some associations. Thanks.

OK. But what if there needs to be a vote after the ES?


Sorry will you please clarify? Do you mean a vote of the members?


Vote of board, which some seem to say must be done in open session.

Sikubali jukumu. Read all posts at your own risk.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Thanks Kerry. Interesting.

Sikubali jukumu. Read all posts at your own risk.
BanksS
Posts: 403
Posted:
Quote:
Posted By KerryL1 on 07/30/2015 8:42 AM
For the past several years, we've had ES immediately prior to our regular (open) board meeting. There is no requirement in CA to adjourn, convene ES while 20 owners cool their heels, adjourn it and return to the open meeting.

I think, BankS this works better than after the open meeting.

In CA an (bare bones) ES agenda must be posted 2 days prior to it being held.

This works well for as, for instance, we discussed two contracts in formation at ES Tues. 7/28 and voted on them in the open meeting. In ES we typically discuss delinquencies and owners are invited to hearing for disciplinary matters.

Prior to 8 years ago, the then boards often held ES on a different day one or two days before the open meeting


Your association is way more complex than mine. If something needs fixed a board member just calls someone for repairs. There is little discussion about it. There is no bidding and awarding contracts procedures. Whatever needs fixed gets fixed and the treasurer pays the bill and notes it on the financial report. Unless of course the repair is thousands of dollars then I'm not sure what the board does. They only meet quarterly so there must be a process for emergencies. They must just call each other. My association is very loosely run as you can tell.
BanksS
Posts: 403
Posted:
Quote:
Posted By NpS on 07/30/2015 8:46 AM
Posted By BanksS on 07/30/2015 8:25 AM
Posted By NpS on 07/30/2015 8:21 AM
Posted By BanksS on 07/30/2015 8:00 AM
Posted By SheliaH on 07/30/2015 7:48 AM
When I was on the Board, we rarely had executive sessions and when we did, they were at the end of the regular open meeting and anyone not on the board would be sent home. You might want to do the same so you don't run into time issues, or hold it before the meeting.


Very good idea Sheila. I am proposing open board meetings to our board. I actually sent communication to the board about it yesterday. If I am given a "how do we handle ES," I will tell them it is done at the end of the meeting after the membership has been dismissed in some associations. Thanks.

OK. But what if there needs to be a vote after the ES?


Sorry will you please clarify? Do you mean a vote of the members?


Vote of board, which some seem to say must be done in open session.

Oh I see. Thanks for clarifying. That would be impossible if the members had already been dismissed.
RichardP13 (California)
Posts: 3,868
Posted:
Every state is going to have different requirements on what can be discussed in ES and what can be voted on and approved in ES and what must be voted on and approved in Open Session.

California states that whatever is discussed in RS must be GENERALLY stated in the next open session minutes. Our association ha always made it a practice to conduct the meeting one hour prior to the open session. Posting requirements are four days prior UNLESS ES is held on a separate day other than the Open Session or general meeting. I have managed communities where we went 6 months without ES.

One that stands out, liens. Liens can and should be discussed in ES, but California statues REQUIRE that liens be approved in open session. If, and I have seen this happen, ES is reconvened after the general session and a lien is discussed and approved, yet never got into any minutes. Then the lien was recorded and was challenged, as the association couldn't provide the minutes to the meeting. Had to start process over again, with additional expenses.
JerryD5 (Colorado)
Posts: 218
Posted:
We have only had 1 ES session in my 6-year tenure on the board so far. Typically, according to our agenda, it is at the tale end of our regular board meetings. In our one case, it was at the beginning because the lawyer had something else to do. We had 1 homeowner at the meeting so we excused her while we talked with our lawyer about our issue (nothing terribly exciting; just advice on how to proceed on an upcoming division of our HOA). We talked for about 10 mins, the lawyer left, the homeowner came back into the room and we continued our meeting. For the last 18 months or so, we haven't needed an ES to discuss deliquencies because there were no other homeowners in attendance.
KerryL1 (California)
Posts: 14,550
Posted:
Please note, Richard, that 4-day notice for ES is required if held during the open meeting. When not a part of the open meeting, 2-days notice (& agenda) is required.

Civil Code ยง4920. Notice of Board Meetings.

(a) Except as provided in subdivision (b), the association shall give notice of the time and place of a board meeting at least four days before the meeting.

(b)
(1) If a board meeting is an emergency meeting held pursuant to Section 4923, the association is not required to give notice of the time and place of the meeting.

(2) If a nonemergency board meeting is held solely in executive session, the association shall give notice of the time and place of the meeting at least two days prior to the meeting.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, notice requirements for ES above apply to CA.
TimB4 (Tennessee)
Posts: 21,059
Posted:
In Virgina, ES should be entered from and return to an open meeting.
We do not have time limits on executive session.
For the topics that would typically be discussed in ES, the amount of time needed is what should be taken.

๐ŸŽฏ You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • โœ“ Ask follow-up questions
  • โœ“ Share your experience
  • โœ“ Get expert advice
  • โœ“ Access 350,000 discussions
Create Free Account โ†’

โšก Takes 30 seconds

Already a member? Log in here