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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DanielL3 (Louisiana)
Posts: 65
Posted:
Can an HOA BOD call an Executive Session outside of a regular meeting?? Everything I have read so far includes Executive Sessions within a
Regular meeting.
KerryL1 (California)
Posts: 14,550
Posted:
Among the things you read, Daniel, did you read your HOA's bylaws?? Something might be there. Otherwise, LA statutes might have something. In CA, for instance, our civil code about HOAs states executive session can be held outside of a regular board meeting, and that's how my HOA always has done it. Our state law requires that we briefly summarize the ES at our next open Board meeting, e.g., "An Owner was fined $100 for noisy after hours partying." Or, "After interviewing reps from three firms, the Board approved a contract with ABC Painters for the building exterior."

But I think that Tim of VA has written they hold ES during their regular meetings. I think they adjourn the reg. mtg., conduct their ES business in private and then reconvene their regular meeting. But I don't know if this is his board's preference, is required by their HOA's bylaws, or is state law.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Can they? Yes.

However, as Kerry said, executive sessions should be entered into and adjouned back to a regular meeting.

Such meeting minutes might read:

Call to order
Quorum verified
Approval of minutes
recess to executive session for the purpose of xyz at hh:mm
return from executive session at hh:mm
Board decisions (if any) from executive session
adjourn
KerryL1 (California)
Posts: 14,550
Posted:
Sorry I wasn't clearer. In CA we legally can and do hold an ES completely separately from any other kind of board meetings. There is no "should" involved.
GeorgeR8 (Arizona)
Posts: 182
Posted:
We have them before, after, or at a separate meeting. We cannot go into executive session about a painting contract. That has to be at an open meeting. Minutes from an executive session meeting are separate and are stored separately. We must give 48 hours notice before executive session with the applicable Arizona Statute listed on the notice.

We only have 5 reasons for executive session. 2 of them are Legal as in advice, pending, contemplated, or current. Personal, health, or financial info about an owner. Job performance and compensation for an employee. Penalties and appeals of violations. Everything else must be done in an open meeting.
KerryL1 (California)
Posts: 14,550
Posted:
Reasons to held executive session in CA are about the same as yours, George. But we are allowed to discuss "contracts in formation" in ES. We tend to do this, though, only for very large contracts when we interview three firms's reps. We also may discuss payment plans for delinquent owners at their request in ES.

And we, too, must provide 48 hours posted notice & agenda in a public place for ES sessions unless an emergency.

🎯 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