Executive Session and Board Meeting

Our HOA is in Florida. This week the VP & myself, treasurer, had a meeting with our attorney re foreclosure on properties for nonpayment of dues/assessments. We will be having a Board meeting at which other homeowners will be present. I am reluctant to divulge too much information at the meeting because a good friend of this individual will most likely be present but feel the President and Secretary should be fully informed. How do I accomplish this since our interpretation of the Florida statutes seems to indicate we can only have executive session if our lawyer is present.

I plan on saying that a letter has been mailed but hesitate to say all of the why's and wherefore's involved so as not to give away what our "plan" is. But the other officers are going to want to know all of this and should. The lawyer did not want the meeting taped for legal reasons so why would I be required to divulge the information obtained at this meeting at a meeting with other homeowners present?

Diane,
Because this is a Board meeting, all members of the association could be present, not that they will but they could.

In matters like this, all Board members are given paper copies of the meeting with the attorney prior to the start of the Board meeting. Cases are assigned numbers or letters, which ever you find easiest to follow. Case # 200, Foreclosure papers are filed on 3/03/2010. Case # ABCD, lein papers filed with attorney, etc.

You do not want to identify any owner at the meeting. After these become public record thru proper filing with the County or courts, then any member requesting this information may ask for the names thru a written request to the Board. NEVERE blab out the names at a meeting. The attorney told you this.

DonnaS,
Considering what you posted, what parts of this information at the ES would be discoverable. If a member wanted to view the record of the ES, would this be discoverable? How about if the member that this ES applied to, could they request the records? Our attorney is on public record as saying no records should be made and no notes should be taken. If a decision is made and voted on, then the decision is recorded and the votes counted in Public session. I do not believe the decision is specific as to parties.