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Can a homeowner ask questions in the Executive session about what was discussed in the last Executive Session?

Started by MaryS25 • 8 replies • 1507 views

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MaryS25 (Nevada)
Posts: 6
Posted:

A member of our association was on the agenda for our last executive session and left the meeting after his issue was discussed. He now wants to come to the next meeting to "ask questions regarding the ground rules that were being explained to another association member by a board member after he left the meeting. He has been given the minutes of the meeting, but still wants to come to ask question. Isn't the Executive Session confidential and not open for public questioning according to the NRS116? Thanks
BradP (Kansas)
Posts: 2,640
Posted:
Mary:

As I understand it, Executive session is closed, however, the board does have to tell what they are going into executive session for, i.e. contract discussion, personnel issue, etc.
SusanW1 (Michigan)
Posts: 5,202
Posted:
If this "issue" pertains to his particular case, the board can go into ES and explain its decision again, as it applies to his case.

(PS why are minutes being kept for ES? All "decisions" must be made by a motion in an open session meeting.)

Was this a disciplinary meeting?
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By SusanW1 on 01/05/2012 7:26 AM
PS why are minutes being kept for ES?

Perhaps because according to proper parliamentary procedure, minutes are required for ALL meetings, including executive sessions. If an issue ever winds up in court or some other proceeding, they may be required or you could lose your case by default.
EllieD (Vermont)
Posts: 446
Posted:
BruceF1, Re Executive Session Minutes. See below: "other than executive sessions"

Sec. 47-260. Association records. Copies. Fees. (a) An association shall retain the following:

(1) Detailed records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records;

(2) Minutes of all meetings of its unit owners and executive board other than executive sessions, a record of all actions taken by the unit owners or executive board without a meeting, and a record of all actions taken by a committee in place of the executive board on behalf of the association;
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Ellie,

I assume you are quoting Vermont law which apparently has let HOAs off the hook. That doesn't happen everywhere. Connecticut requires HOAs to follow Roberts Rules, which state, in part: "The minutes, or record of proceedings, of an executive session must be read and acted upon only in executive session . . ."

As usual, it depends on where you live.
EllieD (Vermont)
Posts: 446
Posted:
BruceF1,

That quote was supposed to be direct from the current Connecticut Statute.

FYI – The Vermont Statute (ACT) 27A as recently revised, effective Jan 1, 2012, now is quite similar to Connecticut’s.

Vermont’s reads :§ 3-118. Association records (a) An association must retain the following:
(1) detailed records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records;

(2) minutes of all meetings of its unit owners and executive board OTHER THAN EXECUTIVE SESSIONS, a record of all actions taken by the unit owners or executive board without a meeting, and a record of all actions taken by a committee in place of the executive board on behalf of the association;

Vermont also has a similar clause re using Robert’s Rules:

§ 3-109 (c) Except as otherwise provided in the bylaws, meetings of the association shall be conducted in accordance with the most recent edition of Roberts' Rules of Order Newly Revised

So I agree there seems to be a conflict.

My first thought is that the “words” in the ACT, since they specifically refer to “what needs to be kept”, would overrule Robert’s in this instance.
CarolR11 (Colorado)
Posts: 2,563
Posted:
In California, executive session minutes must be kept, but homeowners may not read them.

In Calif., The Board may vote and make decisions in Executive Session. Such decisions must be "generally noted" at the next regular (open) meeting of the board.

Mary, it's not clear to me why the assoc. member above cannot simply ask her/his question about (it seems) the rules governing executive session at the next open board meeting's open forum. But aren't your "ground rules" in writing for all assoc. members to review? It's also not clear to me why he had access to executive session minutes. In Calif., these are confidential.

I think I'm confused, Mary, because your topic title doesn't seem to match your question.
GlenL (Ohio)
Posts: 5,491
Posted:
Minutes are not transcripts!!!! They should be the most boring reading ever, Joe Blow motioned to paint all homes purple. Jane Doe seconded, motion failed. Or you can list how each director voted. You do not include the discussion that occurred before the vote. The same would be true for ES, usually the reason the Board adjourned to ES and the results (if any) of a vote while in ES.

Quote:
Posted By MaryS25 on 01/05/2012 6:24 AM

He now wants to come to the next meeting to "ask questions regarding the ground rules that were being explained to another association member by a board member after he left the meeting.

If all he desires is information on "ground rules" and not specific information on how the "ground rules" apply to another H/O then he is entitled to it.

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

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