Committee member at Executive session?

Started by NickC1 • 4 replies • 1444 views

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NickC1 (California)
Posts: 2

Posted:

We, as a BOD, recently nominated a HO as assistant treasurer. At the committee level does this person have the right to attend the executive session? Do we have the right to exclude him from executive?

In addition to that, it has also come to my attention that this person is NOT a HO but is acting on behalf of the HO. Is that legal? Do we need written approval from the HO to enable this person to act on his behalf?

Thanks

NickC1 (California)
Posts: 2

Posted:

Whoops. We are in Southern California

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By NickC1 on 01/15/2009 9:23 AM
We, as a BOD, recently nominated a HO as assistant treasurer. At the committee level does this person have the right to attend the executive session? Do we have the right to exclude him from executive?

In addition to that, it has also come to my attention that this person is NOT a HO but is acting on behalf of the HO. Is that legal? Do we need written approval from the HO to enable this person to act on his behalf?

Thanks

Nick,

IMO, the board has the right to ask anyone they choose to attend an executive session. As assistant treas, I would think this person should be in attendance.

When a non-member acts as a member's representative that only applies to voting or (in AZ) attending a meeting -- at least that's my opinion. Unless your documents allow nonmembers to hold appointed positions, this person cannot serve as asst treas.

GlenL (Ohio)
Posts: 5,491

Posted:

Unless your documents specifically prohibit non-members from serving; then it should be OK for this person to serve. From the davis-stirling.com web-site:

DIRECTOR QUALIFICATIONS

Qualifications for serving on the board of directors are found in the bylaws and sometimes in the CC&Rs. Most original sets of documents do not require any qualifications for serving on the board--not even membership in the association. This is so the developer can appoint people to the board until such time as the the property is sold and owners assume control. As a result, anyone, including tenants, can serve on boards until such time as the bylaws are amended to establish qualifications..

Common Qualifications. Candidate qualifications that many associations add to their bylaws include: (i) membership in the association, (ii) being in good standing, (iii) not being in litigation with the association, (iv) not being a convicted felon, (v) realtor restrictions, and so on.

Studies show that 5 out of 4 people have problems with fractions

KirkW1 (Texas)
Posts: 1,665

Posted:

First, you really shouldn't need to have executive session all that often. But if you do, then if the person can contribute they should be invited. If not, they should be excluded.

There is no rule that says that executive session can not involve people not members of the committee. It is merely a chance to speak of sensitive issues out of earshot of the membership.

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