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Posted By KerryL1 on 02/16/2023 5:52 PM
Good reminder, ElleN. In CA directors may review many executive session records but there are several caveats. In a nutshell, "...If a director has a conflict of interest or seeks to invade the privacy rights of others or seeks records for an improper purpose, the board should consult legal counsel before releasing records to the director." see davis-sgtirling.com Records, Directors rights to inspect. Texas statutes may be similar, but we don't know that.
Executive session records contain more than only meeting minutes. In my HOA and I'm sure in most, directors receive "board packets" or "directors reports" or similar prior to meetings including executive session. These are filled with bids, reports and confirmation and photos of rules violations, records of dues payments and delinquencies, evidence or requests about potential litigation, the PM's evaluations of staff or vendors, and on & on. Every scrap in these reports or packets are strictly confidential and may be read by directors & the mgmt. team only.
I think this brings us to whether a HOA or COA must retain as official records "every scrap in these reports or packets." California's D-S site says "Board packets" and "directors' reports" are not among these records. Minutes are. See https://www.davis-stirling.com/HOME/R/Records-Retention-Policy . If xyz is attached to ES Minutes, then this is a record releasable to directors.
You have criticized others here for not providing a citation for a quotation. How can you claim to be above the fray when you cite a massive entire web site as your source?
D-S says this about California directors wanting to see ES minutes (https://www.davis-stirling.com/HOME/D/Directors-Right-to-Inspect):
"6. Executive Minutes. Past and present executive session minutes can be reviewed by board members unless a director has a conflict of interest involving a topic discussed at a particular executive session meeting at which he/she was not present. This restriction also applies to recordings (if any) of executive session meetings. (Hamilton v. Town of Los Gatos.)"
Mostly I see your and Bill's claims being potentially abused by boards that want to obstruct legitimate requests to review records.