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AliceM3 (New York)
Posts: 3
Posted:
Our Board goes into executive session whenever they don't want anyone (members)to know what is going on. They claim they can do so because they are strategizing and that is a reason to go into executive session. I thought executive sessions were to discuss pending legal issues, personnel issues, or things of that nature. I have looked through our bylaws and nothing is mentioned there. I have also gone through the not for profit laws in NY and can't find anything there either. The minutes of the meeting never address the topic of the executive session either.

The board encourages members to come to the meetings. Some members have driven over 2 hours only to be told they have to leave because the issue of concern is going to be discussed in executive session. This is causing a lot is distrust and I can't understand why the Board would do this. Can members do anything about this short of waiting for an election?
SheliaH (Indiana)
Posts: 6,964
Posted:
You and your neighbors should rally together, attend the meetings as a group and remind the board that executive sessions should be rare for the reasons you mentioned. There's nothing secret about "strategizing" - in fact, the point of an open board meeting is to listen to the rationale behind board decisions.

If they cannot or refuse to check themselves, check your documents to see what they say about special homeowner meetings and recalls of board members. Usually, special homeowner meetings must be scheduled within a certain time if the board receives a petition of a certain percentage of homeowners. If you want to recall them, the petition needs to specify what the special meeting is for. At that meeting, give the board a chance to defend themselves and then the homeowners can decide if they want to go ahead with a recall vote. However, if you succeed, you need to have people ready to step and take over (meaning YOU may need to be one of them.)

Whether these folks promise to change their ways or are replaced, it would be helpful to establish some rules on when an executive session should be called. There are various discussions on the subject on this website where you can pick up some ideas. Better yet, you may want to put something in your bylaws - for that you will need homeowner approval. Be sure to run it by your association attorney so you can ensure you're in compliance with any applicable state law. Have fun!


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardP13 (California)
Posts: 3,868
Posted:
New York DOES NOT have open meeting laws, so restricting what the can or can't do is limited.

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