TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Quote:
Posted By MaryA1 on 12/11/2009 8:08 AM
Tim,
I guess I should have been more clear. The AZ open law does not require minutes to be prepared for the exec session, nor does it require the BOD to state in the open session that they are going to adjourn into a closed session, nor does it require the BOD to announce in an open meeting what was discussed and voted upon in a closed session. All the open meeting law does is state what topics may be discussed in a closed session. The point I'm making is that, whereas, it would be nice if the board announced in the open session what they did in the closed session, it may not be required and if not, the board has not done anything wrong. I agree that when boards operate primarily in closed sessions they promote a sense of wrong-doing, whether they're doing anything wrong or not. But you must remember, many states do not require board meetings to be open and in those states boards generally do meet in private
Tim,
I guess I should have been more clear. The AZ open law does not require minutes to be prepared for the exec session, nor does it require the BOD to state in the open session that they are going to adjourn into a closed session, nor does it require the BOD to announce in an open meeting what was discussed and voted upon in a closed session. All the open meeting law does is state what topics may be discussed in a closed session. The point I'm making is that, whereas, it would be nice if the board announced in the open session what they did in the closed session, it may not be required and if not, the board has not done anything wrong. I agree that when boards operate primarily in closed sessions they promote a sense of wrong-doing, whether they're doing anything wrong or not. But you must remember, many states do not require board meetings to be open and in those states boards generally do meet in private
Mary,
I agree that the requirements in VA may not the same in any other State. Actually, I would expect them not to be the same. I'm relatively new on this Board but have seen answers to simple questions appear to become muddied as everyone how things are done in their HOA. I have done this myself and probably helped to muddy some answers.
My concern is when someone is asking for specific info were there is a State or County law that specifically addresses the question asked they should be cited, as you did when you cited VA 55-510.1. A continuation of discussion on how things are done in different States can be very interesting and insightful but can possibly muddy the answer the OP was looking for. Perhaps these discussions should be stated in a separate thread (as I have done with this one). Another option (which I could have included in my answer) would be the fact that this answer may be different for HOA's not located in VA.
The OP, Grace, is from VA therefore, I took the extra step to clarify that VA did require something different than AZ. Having gone back and looked, I see that Grace had over 220 posts, so I doubt if she needed the clarification. However, someone new who is not familiar to the way this board works might have needed it.
Mary, I'm not looking to start a war of words. I know that this is sounding like I do but I do not. Having read some of your postings I know you are very knowledgeable and are willing to share and help others. I for one appreciate it. I apologize in advance for this perception.
As I said, I'm relatively new to this Board and the muddying of answers has been one of my first impressions. This instance just provided me with the opportunity to bring it up.
Tim