Chris,
Robert gave some good advise. However, I would like to offer an alternative based on
Fairfax County Community Association Manual (full text 1.5 Mb)
In general, votes should not be taken in the executive session but only in the regular meeting. Specifics from the above link regarding minutes and executive sessions:
Executive Sessions and Privileged Information: -
Closed, executive sessions of the board are to discuss privileged, legal and/or private matters but only under very limited and specific subjects and circumstances. Executive sessions are not to be used to circumvent the open meeting requirements, to avoid the attending members, or to “skirt” nagging or contentious issues; the sole purpose of a closed executive session is to protect the privacy of these specific subjects only:
• 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.
An executive session is only one part of an open board or membership meeting.
A motion identifying the specific subject(s) and reason(s) for an executive session must be made, seconded, approved and recorded in the minutes of the open meeting.
Following the closed session, the directors must reconvene in the open meeting and any agreement or decision resulting from the closed discussions must be voiced and substantially identified and/or voted in the reconvened open meeting for purpose of recordation in the minutes. While agreements can be decided, no votes are permitted in such executive session because the laws prohibit secret voting in board matters. Too often, the purpose and legal provisions for executive session are misunderstood, and sometimes flagrantly misused. It is a clear violation of state law to “adjourn the meeting to go into closed executive session” as many associations have routinely practiced. It is also a violation to convene and conduct an executive session prior to the start of any meeting regardless of how practical or well-intentioned the reason. The board could invite a lawsuit by enforcing a closed-session decision that was not substantially identified and recorded in a reconvened open meeting, and not publicized to the association members.
As Robert said, you should first check your governing documents and State laws.
Hope this helps,
Tim