Texas: Can a Board discuss deed restriction violations in open session

In Board meetings, can a Board discuss violations during the open session, or does it have to be done in executive session in Texas?

And if one would cite any applicable law that would be extremely helpful.

Roger

Can you expand a bit?

In the association in which we reside, I am the president. During Board meetings the PM or I will summarize outstanding violations and state they are being addressed as is required in the Out of Compliance Process which is in place in the Association. I also summarize delinquent account information and the Collection Process in the same way.

Frankly, the Board should seldom find the need to have a discussion in ES if the processes are in place and are followed. In our collection process, we can agree in the open meeting to invoke the out of compliance fine structure or refer a delinquent account to the attorney or whatever, so long as the lot/owner are not identified.

It is very appropriate to hold a discussion in an open meeting as to why there is an uptick in the number of violations of a particular rule. It is also appropriate in an open meeting to discuss modifications to rules, regulations, and the compliance process itself.

However, discussions regarding specific lot owners take place only in ES. Sometimes a Board member may not be familiar with a particular compliance issue, those are discussed openly so long as the privacy of the owner is respected.

A board member was wondering if okay to discuss violation process/examples without naming people etc. in open meeting.

Thanks for both answers.

We always referred to their Lot #'s never person's name. That pertained to violations, collections, and complaints. It is a board meeting after all that others may attend. The issues have to be discussed somehow.

We were always open in our meetings. Behind the scenes stuff never flew with me.

Of course you can look that up. It just takes effort. Which how many people do you know puts that in? Plus it sounds more professional. No one can accuse the board of using names or other identifiers other than Lot # which is PUBLIC information.

We do the same. The goal of enforcement is comliance, not punishment. We don't want to publicly humiliate anyone.

Jared,

Can you provide a citation for the restrictions against PII in Texas?

I gotta be honest here. I'm jaded and cynical. If the law correctly states the sky is blue then some lawyer somewhere will argue it's another color just because they're being paid. I will admit I'm a bit loose with my lips but appreciate the need to backup my position with real, verifiable, factual data.

It's all good. :-)