Executive hoa bod meeting in Fl

No you can't.

One of the reasons for an executive session is to review board member conduct when he or she has violated the documents and or done something that puts the association at risk. Such as trying to toss this person off the board - usually the only that person leaves is if he/she resigns, is voted out or recalled by the homeowners.

For some reason, I seem to recall this board member removing files came up recently - was that you? You say tge association attorney sa8d he didn't see a problem w8th this, but if tha5 last discussion was yours, you never said what files were removed or deleted. I don't know why you're so cryptic as what type of files these were, but if the rest of you are considering a censure, you need to be specific as to why you're taking this step and/or this person is an officer and you want to remove him or her from that position.

As for the attorney, you don't have to iclude him or her in this meeting, but as a practical matter, if whatever you're considering might lead to legal action, it makes sense to keep the attorney in the loop - otherwise, how do you expect him/her to represent you properly?
Unless you're planning to hire someone else.

By the way, it's ok to disagree with the attorney opinion, but I wonder if you're in your feel8ngs about this to the point you only want to hear someone agree with you, even though theres a possibility you're wrong. Boards often get into trouble because they feel they are the board and therefore they are and so they do whatever, even if it makes no sense. That can end up costing the association money and too much drama.

Have your meeting to hash out this file business and give the board member a chance to explain him/herself. By now, you should know whar was deleted and from there you can consider the best way to address it. If you want a second legal opinion, get one. 8f you want to censure the board member, take your vote and see what happens. If you need to review your policies and procedures to prevent this in the future, do that.

Finally, read your documents to see if it addresses executive sessions (if you're on the board, you should already know that). If not, you may need to check if the board has the authority to enact additional rules that flesh out the documents (you cant override them). If so you can enact rules on when and why to hold executive sessions and vote to enact them during an open board meeting. I suggest you review 5hose with 6our attorney to ensure you dont enact something that discourages transparency and violates privacy.
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Without knowing the exact nature of the records destroyed. It is difficult to advise. But, if any of these records were financial records your board should proceed to executive session and have an attorney at least zoomed into the meeting. You attorney will advise whether to have the alleged board member present.

I would be curious as what Florida defines as personal. Is it employees only or can it be to discuss contractor, officer or board misconduct?

If an HOA board had suspicion of criminal theft by an officer. Investigation and discussion before involving the HOA attorney or making an allegation at an open meeting seem prudent.

If I were going to discuss a board member's violations, I would want the attorney there so it could be a closed meeting. Otherwise, a director is not "personnel" and you can't talk about legal issues and close the meeting without an attorney present. It does say you can close the meeting for disciplinary reasons, but then defines that as the conduct of members. As a stretch you might be able to use that to discuss a board member's conduct, but you can't hold the meeting and exclude that board member. Also, you can't talk about vendors under the "personnel" exemption because all contracts and votes on contracts have to be in an open meeting.

Bottom line - the sunshine laws in Florida for HOAs are really strict. In any case, if I had a board member charged with misconduct my attorney would be involved.

That's an excellent answer.