Executive Session Minutes

What do you folks do in regards to recording minutes for Executive sessions?

My understanding is that Executive session minutes are to include the topic or infraction, but no mention of member names? Also, it needs to be "general" in nature?

We had a very volatile and difficult Executive session last night regarding a major Declaration violation. Since I'm the secretary, I will be recording the minutes in regards to this meeting, but I also have many very important notes in regards to what the accused member stated, as well as their witness, that is pretty crucial to our case (we're most likely going to court).

Linda,

I always refer to any violations by Lot number vs. name of the owner.

Linda

Minutes are not word for word, blow for blow description. They are more an overview and if heading for a legal battle than the less said in the minutes the better. It is best you do not try and summarize as you could do more harm than good. If the session was recorded than let that be introduced in court.

Legally all Minutes have to contain is motions and votes. They do not have to contain the discussions held prior to the motions and voting.

An example:

The BOD heard from the owner and their witness concerning the issued fine. The BOD discussed the fine and a Motion was made to uphold the fine by Harry Smith, it was Seconded by Mary Jones, the BOD voted unanimously to uphold the fine.

That is all you need, especially if headed to court. Let the chips fall where they fall in court.

Thanks, John. I understand that.

Kerry - I read Davis-Stirling alot, probably too much. I need to find something else to read!

From Davis Stirling: Who May Attend. As noted above, members do not have a right to attend executive session meetings. However, that does not mean the meetings are limited to directors only. Directors, managers, recording secretaries, the association's attorney, members subject to disciplinary action as well as witnesses (but only for that portion of the meeting involving the disciplinary hearing), and others invited by the board (such as vendors bidding on a project) may attend an executive session meeting.

Meeting Notice: Notice to Members. Starting January 1, 2012, members must be given notice of executive session meetings of the board. This is required regardless of anything to the contrary in an association's governing documents.
1. With an Open Meeting. If executive session is held with a scheduled open meeting of the board, it must be included in the open meeting's four-day notice and generally noted in the open meeting agenda.

2. Between Open Meetings. If a nonemergency meeting is to be held solely in executive session, members must be given notice of the time and place of the meeting at least two (2) days prior to the meeting. (Civ. Code §4920(b)(2).) If an association's governing documents require a longer notice, they must be followed. (Civ. Code §4920(b)(3).)

Notice must be posted in a prominent place or places in the common areas and by mail to any owner who had requested notice by mail (at the address requested by the owner). In addition, notice may be given by mail, by delivery of the notice to each unit in the development, by newsletter or similar means of communication, or, with the consent of the member, by electronic means. (See Notice of Meetings.)

Kerry, sorry, I must have misunderstoo you. The answer is NO. Vague agenda for meeting. No mention of violator, etc.

But your subject line is about meeting minutes--an entirely different document. ES minutes are kept confidential forever unless a Board votes to waive that confidentiality. They are indeed the official record of the Board actions.

Correct - I undestand that. But, if meeting minutes are confidential and without detail, how does that work "down the road" when the violator tries to pull something else in the same manner? You have a new Board that may know nothing about priors. Does that make sense?

Sorry, Linda, I can't copy portions of ES minutes. But it said names, address requested a meeting to dispute the fine they were assessed because their employee spilled liquid off of their balcony onto windows below. XX made a motion, yy seconded it to enforce the fine. In favor, 3; opposed -1 (diretor name) to enforce the fine. Motion carried.

I now don't know what details you're referring to????

Thanks, Larry - this is what I'm hoping for in a way, just so all the evidence can be brought forward. The person we're dealing with has a habit of not telling the truth.

Thanks, Kerry - you have answered my questions! Appreciate it!