BruceP1
(California)
Posts:13
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| 12/01/2008 12:08 PM |
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| As a CA HOA Board member, I was out of town on vacation when the last Board meeting was held. In preparation for the next Board meeting, I'm currently reviewing the Board info and noted that the Board adjourned into Executive Session after the last Open Meeting. On the agenda for our next Board meeting, there's no notation of what subjects were discussed (not the specific details) in this Executive Session. Shouldn't there be a written record for all Board members? |
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JosephW
(Michigan)
Posts:788
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| 12/01/2008 12:45 PM |
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Yes, but the record should be in a separate set of minutes that you should receive. If placed on the agenda, or made public, that would defeat the purpose of the Executive session. Whether the Executive session was appropriate or not would depend on the issue(s) discussed.
Joe |
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Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
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BruceP1
(California)
Posts:13
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| 12/01/2008 1:24 PM |
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| Thanks; that's what I thought. The problem is I didn't receive it so back I go to Property management. |
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SusanW1
(Michigan)
Posts:2316
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| 12/01/2008 2:10 PM |
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I always thoght that the reason was stated in the motion to go into ES, and that info put into the minutes, i.e. personnel, litigation, contracts, etc.
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BruceP1
(California)
Posts:13
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| 12/01/2008 2:24 PM |
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That's what thought too.
I contacted the Property management Co and just received an email back stating, that on the advice of the HOA attorney, Property Management referenced the items to be discussed in the Executive Session as part of the Open Meeting minutes. The actual Executive Session minutes will be brought to the next Board meeting and the Board will be asked to approve. That doesn't do me much good as I haven't had a chance to review first. |
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JosephW
(Michigan)
Posts:788
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| 12/01/2008 2:29 PM |
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The reason may be, but the discussions, et al, wouldn't be in the open meeting minutes. You wouldn't want discussions of, or decisions regarding, legal strategy in a lawsuit, or anything that might help the opposition, to appear in the open meeting minutes.
Joe |
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Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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BruceP1
(California)
Posts:13
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| 12/01/2008 2:33 PM |
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| Agree, but as a Board member not at the Executive session I should be notified or informed of what transpired. I wasn't so now I'll have to review after receiving them. |
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MaryA1
(Arizona)
Posts:2504
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| 12/01/2008 2:41 PM |
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Posted By BruceP1 on 12/01/2008 2:33 PM
Agree, but as a Board member not at the Executive session I should be notified or informed of what transpired. I wasn't so now I'll have to review after receiving them.
Bruce,
Well, that's your opinion; however, it may not be the practice of the board Pres or PM. If it were me, I would make a point of finding out what I missed and not wait for another board member or the PM to let me know. I would suggest letting your feelings known to the board Pres.
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BruceP1
(California)
Posts:13
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| 12/01/2008 2:43 PM |
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| I intend to do just that. Guess I'm just used to other organizations where tyhe courtesy of a fill-in for missed info would be automatic. Oh well... |
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SusanW1
(Michigan)
Posts:2316
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| 12/01/2008 2:55 PM |
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Bruce - you missed a meeting!! It happens.
Minutes will be "approved" - in another ES . Whatever is in the minutes are the true legal record of the session and they stay within the ES unless there is an action to be ratified later at a general meeting. Since you weren't there for the original ES meeting, feel free to abstain from the approval vote.
Any motion for action resulting from that ES will have to be brought before the general meeting. If you still don't feel qualified to cast a vote there, then abstain.
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MaryA1
(Arizona)
Posts:2504
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| 12/01/2008 2:57 PM |
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Bruce,
Our PM prepares a very professional bound booklet for each board member and advisory comm. member for each meeting. If anyone misses a meeting she makes certain they receive their copy. I'm certain she also advises them of any actions taken by the board. We're lucky to have a very well-organized and very dedicated PM. |
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RobertR1
(South Carolina)
Posts:2524
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| 12/01/2008 9:31 PM |
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Bruce,
Well I think Mary has the right direction for you. Change your ways of tracking ES, and follow her lead. Make lemonade from the shabby treatment you received by not being considered. The Board knew you were absent, they knew the result of the ES was going to require you to be involved at a future date. I agree it is only one meeting and probably not earthshaking but I also agree more that your interest deserves consideration. The Board goofed, probably not from malice but from inattention. I would place the blame directly on the President who is elected to serve the Board and it sure don't say serve the board when they happen to be on site. |
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