Decision after Hearing

So you want to hold a secret meeting because your board lacks the stones to face the owner?

Perhaps, the Board may meet in executive session to deliberate the issue, as any enforcement issue can become potential litigation.
However, they must return to an open session to vote on the decision. However, that is a stretch.

The governing statute, 11B-111, is pretty clear.


If a hearing has already been held, there is zero requirement to give another hearing unless there is new information.

If prior approval was not sought and given, that is the issue.

You don't say if you are on the Board or not.

If you are on the Board, and meet in someones home, if the individual becomes hostile, give a warning. If it continues, suspend the meeting. The owner of the property then asks the individual to leave. If the individual refuses, call the police and file a trespassing charge. Then resume the meeting.

If you are not on the Board and are the individual in violation, you catch more flies with honey. Admit you made a mistake and work to a compromise. Otherwise, you may end up owing monetary penalties and (worst) defending yourself in court over the issue.

Thank you AugustineD & TimB4
Our decision was reasonable & based on good faith as we as provided specific reason for denial in writing. We also, included a compromise based on their new information.
Yes, I am on the board.
The was at the homeowner’s home since we were discussing their driveway. The hostility came from the homeowner when we made negative statements against their driveway.

Thank you for everyone's feedback but I did find this summary from Roberts Rules of Order that I believe are very applicable in our situation.
“The short answer is that Robert’s doesn't care whether your meetings are open or closed. In fact, there are no general parliamentary prohibitions on closed meetings or rules for what can happen during the closed portion. Robert's allows both discussion and voting during an executive session. In fact, decisions made during a closed meeting don't even have to be revealed to non-board members until the board chooses.”