Executive Board Meeting

Started by AlexL1 • 8 replies • 1379 views

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AlexL1 (Florida)
Posts: 305

Posted:

Precisely what items are to be discussed at an Executive Board meeting
and not at a regular meeting?

Can the Board call for an Executive meeting without inviting the
"public"(other home owners)?

Two membes of the Board wants to have an executive meeting
excluding an open meeting(having to invite the "public"
to discuss garage, speeding, painting, and inside complex
signs. My long time thouhts on this are that the public has
to be invited

TimB4 (Tennessee)
Posts: 21,051

Posted:

Alex,

Those are not items that should be discussed in executive session. Additionally, you enter into executive session from an open meeting - therefore, notice of the meeting must still be given.

Although I could find nothing in FL law (and I may have missed it) about what may be discussed, executive sessions are supposed to used to discuss privileged, legal and/or private matters, topics for executive session are typically limited to the following:
• personnel matters (employed staff or association members);
• consultation with legal counsel;
• contract discussion;
• pending or probable litigation;
• personal liability of members to the association; and
• punitive matters and hearings concerning violations of the declaration, covenants
or rules, and consideration of levying assessments for such violations.

Hope this helps.

Tim

CarolR11 (Colorado)
Posts: 2,563

Posted:

I do not know about Florida either, but summarizes what is permitted in executive session in California. In California, contracts in formation are not required to be in executive session and and the board of which I'm a member often discusses them at regular ("open") meetings.

Note the language of "session." This is because, as Tim points out, it is a part of a noticed meeting to which the board adjourns to discuss the topics he lists.

Old boards here, before we "good guys" became a majority, often and illegally discussed and decided about the topics you list. Owners have every right to hear and see those deliberations.

CarolR11 (Colorado)
Posts: 2,563

Posted:

There may be exceptions to my reply above. If the board wants to discuss particular named "speeders," it's a matter of owner discipline and needs to be in executive session. If the topic is speeding in general, it certainly must be discussed in an open meeting.

JeffR7 (California)
Posts: 251

Posted:

In California an Executive Session can be held on a separate day from an Open Meeting. According to the new 'no action without a meeting' law effective January 1st a 2 day notice must be given or an executive session if held separately from Open meeting.

Tim's post summarizes very well what can be discussed in an executive session.

GlenL (Ohio)
Posts: 5,491

Posted:

Alex if I remember correctly the ONLY time you are allowed to have a closed meeting is with the HOA's attorney. Every thing else must be open to the members, you need to check the current 718 statutes.

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

CarolR11 (Colorado)
Posts: 2,563

Posted:

Re: California. Yes, Jeff, our board meets in Executive Session at a different time than the regular meeting. I believe that Tim is drawing from Robert's Rules with respects to "adjourning to" executive session after a regular (open) meeting, but I'm not sure.

CarolF (Florida)
Posts: 435

Posted:

The following is taken from the 2011 Fl Statutes. 718 is for condos 720 for individual homes
718.112(c) 3.
3. Notwithstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners does not apply to:
a. Meetings between the board or a committee and the association’s attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or
b. Board meetings held for the purpose of discussing personnel matters.

720.303 (2) b
Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Alex - did you mean Executive Session?

I don't mean to throw a monkey wrench into the discussion, but - if there is a managment company - sometimes the pres. and treasurer will meet with the MC to discuss day to day issues. Of course, any "decisions" need to be brought before the entire board, if it involves spending money. Sometimes this is called an executive meeting.

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