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SamS10 (Alaska)
Posts: 6
Posted:
My Board has a standing "Executive Session" at every meeting, with no topics or agenda listed. I have a good hunch that they are using it to discuss off the books some unsavory and controversial issues, none of which meet the explicit criteria for exec sessions in my state.

I guess my general question is:
1) can there just be a 'standing' exec session? Seems at a minimum, there must be a motion and vote to enter.

2)Does an Executive session require 'public' documentation of the reason/topic to be addressed? Seems at a minimum, the Membership must see "Exec Session held to discuss X, Y, and Z"
MarkM19 (Texas)
Posts: 1,459
Posted:
SAm,
The Executive Session is standard practice in HOA meetings. Some last only minutes if the only items the PM wants to discuss is the collections report. This is totally normal, and this will never show in any meeting notes. No need to list the topics as only 4 topics can be discussed.

1) Collections and Payment plans
2) lawsuits
3) Contracts
4) Disciplinary issues
TerriS6 (California)
Posts: 3,284
Posted:
In California a 2-day general notice and agenda is required for executive session and topics are very limited. Then general comments about the topics discussed have to be included in the next open meeting minutes. Executive sessions shouldn't be needed often.
SheliaH (Indiana)
Posts: 6,964
Posted:
I mentioned executive sessions in one of your last posts - Mark said basically the same thing I did.

With these questions, I have to ask - are you READING your documents at all? It seems to me some of this stuff would be addressed there, but if it's not (and not everything in HOA can be addressed in the documents), you should be asking the board about this. That said, executive sessions should be announced before they're held and they should explain the reason, e.g. CCR violation appeals. You don't get minutes of those meetings, but you should be told what the board decided.

All of this said, I don't see any reason for an executive session if the only thing the board members will do is gossip.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM19 (Texas)
Posts: 1,459
Posted:
The reason I always suggest it be on the agenda is for the following reasons.

1) Typically, ever HOA has some collection accounts.
2) If an owner comes into the general meeting and during the open forum wants to discuss a violation letter, they may have received we can invite them to stay after the meeting ends and when we go into Exec Session they can be heard. This allows for that and keeps the table open if it happens. If not, the board should wait till the next meeting or schedule a special meeting which is a waste of time IMO.
3) Even when things get discussed during the regular session, they can get into contract issues that are Exec matters and the same reasons as above.

Having it on the agenda makes sense and if nothing gets discussed so be it.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our HOA we did not officially call it "Executive session" but we only discussed business AMONGST the Board members ONLY. Mind you we had OPEN meetings. Which meant you were free to attend the meetings and WATCH the board members interact. The board members would discuss the Collections report but this was kept ONLY with board members. It was NOT distributed as it had personal information on it. You could know what YOU owed but not your neighbors. Our job as board was to decided what to do with those who did NOT pay. We never discussed names but referred to Lot #'s. People in attendance could HEAR if we were placing a lien. Making a payment plan. Considering foreclosure. That was the board's job to do.

The other part is we discussed our EXPENDITURES. This was available for general membership in attendance or request. The board again discussed the report amongst themselves openly. General membership could LISTEN in. After that we may discuss future or ongoing projects or actions.

The General membership was allowed to have input or requests. They could do it at the end of the board portion in person. They could also write in request or issues. The period AFTER the board portion was for general membership. That did not mean the general membership made any decisions. That is a board job. We would listen and decide to discuss it next meeting. Giving time to do research and get more details.

If you can not respect this, then meetings are not for you. Wait for the notes to come out after they are approved. Unless your on the board or willing to participate, your going to be a general member who has the right to LISTEN.

Former HOA President
SamS10 (Alaska)
Posts: 6
Posted:
my HOA has a history of just listing 'executive session' at the end of the minutes, with no specific topic. I know this is being used to 'gossip' if you will, but more directly, to be used to discuss unsavory topics and their disdain and conflict with several homeowners that are challenging their authority. In fact, recently the secretary resigned because she was so upset seeing what they were discussing under the cover of executive meeting. Plus, my state (not alaska) has a very specific set of reasons to enter an executive meeting, and that it needs to be noted why in the general minutes.
MarkM19 (Texas)
Posts: 1,459
Posted:
Sam,
You sound like you are being very paranoid. Have you tried running for a board seat? If so you can see exactly what happens in Executive session. As someone who has been on boards for over 14 years the last thing most boards want to do after a long meeting is gossip. There is plenty of time for small talk during the day for that type of talk.

I would advise you to not watch Football when is starts again. When the teams huddle up, they could be talking about you or gossiping.
KerryL1 (California)
Posts: 14,550
Posted:
Hadda a feeling from the get-go that the state isn't really Alaska and that the poster is perhaps someone with whom we're already familiar.
Your first post say "it seems that x or y "must" occur? Only your docs or state statute can tell you that We can't possibly guess!

Per your bylaws and In your state, Sam:

Must advance notice of x or xx days be posted for owners before the Board can hold executive session?
If so, must that "notice" contain the agenda items?

Must executive session only be entered from a regular open board meeting? Or is it permissible to hold neat any time (with proper notice and agenda item(s) if required)?

KerryL1 (California)
Posts: 14,550
Posted:
Hadda a feeling from the get-go that the state isn't really Alaska and that the poster is perhaps someone with whom we're already familiar.
Your first post say "it seems that x or y "must" occur? Only your docs or state statute can tell you that We can't possibly guess!

Per your bylaws and In your state, Sam:

Must advance notice of x or xx days be posted for owners before the Board can hold executive session?
If so, must that "notice" contain the agenda items?

Must executive session only be entered from a regular open board meeting? Or is it permissible to hold one at any time (with proper notice and agenda item(s) if required)?

The Board in my complicated HOA holds an executive session every month immediately before the monthly regular open meeting. All permissible items, basically as Terri lists them, are on the agenda posted 4 days in advance. But only the matters to be discussed or decided are completed, e.g., Contracts in Formation: Proposals for Sidewalk Painting.

Last week, the Board held an executive session and it was posted as required 2 days before it was held with only a single agenda item on it.

CathyA3 (Ohio)
Posts: 6,299
Posted:
I agree with others who said they also have a standing executive session. Your community would be pretty unusual if it had *no* delinquencies or violations, although if the board meets monthly there may be some months for which this is true. If we have no issues, the executive session minutes would simply say "no outstanding issues, meeting adjourned."

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