Get 2 months of free community web site hosting from Community123.com!
Tuesday, October 22, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Exective Session Question
Prev Next
Please login to post a reply (click Member Login on the menu).
Page 2 of 2 << < 12
Author Messages
ShannonM4
(California)

Posts:12


09/08/2019 3:11 AM  
Posted By KerryL1 on 08/22/2019 3:54 PM
How many are on your board, Shannon?

Per your contract with your HOA attorney, how much is your HOA paying him for these executive session visits?

How many executive sessions has the attorney attended this year? One a month? Or?

Can you ask him a the next time he comes if the board is proceeding legally by discussing non-ex session matters in ex. session?

Btw what size is your HOA? I.e., how many homes?





7 board members

I'm not sure about how much he is being paid

He has attended 4 so far this year

I can ask him that... but strangely, it's going to anger my fellow board members.
What if he gives me an answer like: "Well, what do you think you've talked about that's illegal?" instead of answering my questions?

Over 300 homes.

ShannonM4
(California)

Posts:12


09/08/2019 3:20 AM  
Posted By SueW6 on 08/18/2019 7:25 AM
Familiarize yourself about how and why Boards can go into Exc Session. Reasons are specific

One legal right to go into Ex. Session is for the board to be advised about legal issues with the lawyer. But those issues must be revealed - not just because he/she is at the meeting.

The main issue is litigation or discussion of legal enforcement of your governing documents.




I'm pretty sure they think that jsut becasue he is there, that everything they might say to him or ask him is "legal advice" and therefore ok.

He cited that the board MUST speak to him in Executive Session, and cited the Evidence Code sections 950-962... even though he stayed on for open meetings and chimed in on issues at various times.

I suppose his (bogus?) logic is that if all "legal" coversation must take place in Executive becasue of his Evidence Code reason,
then all conversations can't be isolated to the Authorized topics in CA CC 4935... and that somehow this
"requirement" he states exists, nullifies the whole idea of "Authorized topics" being the only thing the Board can discuss in Executive Session.

ShannonM4
(California)

Posts:12


09/08/2019 3:20 AM  
Posted By SueW6 on 08/18/2019 7:25 AM
Familiarize yourself about how and why Boards can go into Exc Session. Reasons are specific

One legal right to go into Ex. Session is for the board to be advised about legal issues with the lawyer. But those issues must be revealed - not just because he/she is at the meeting.

The main issue is litigation or discussion of legal enforcement of your governing documents.




I'm pretty sure they think that jsut becasue he is there, that everything they might say to him or ask him is "legal advice" and therefore ok.

He cited that the board MUST speak to him in Executive Session, and cited the Evidence Code sections 950-962... even though he stayed on for open meetings and chimed in on issues at various times.

I suppose his (bogus?) logic is that if all "legal" coversation must take place in Executive becasue of his Evidence Code reason,
then all conversations can't be isolated to the Authorized topics in CA CC 4935... and that somehow this
"requirement" he states exists, nullifies the whole idea of "Authorized topics" being the only thing the Board can discuss in Executive Session.

ShannonM4
(California)

Posts:12


09/14/2019 5:25 AM  
Posted By KerryL1 on 08/21/2019 3:00 PM
Incorrect for CA, JohnC.

Way above, Richard cites the actual CA statue on this point. The ONLY matters that may be discussed in are in it. Among the matters, an agenda posted two days before the ES MUST state in general terms, i.e., "Personnel Issue," which, if any, are under discussion. Anything else, if a quorum of the board is present MUST be discussed in open meetings in CA.

In those cases , the items also must be listed on a posted agenda 4 days in advance of the meeting and must be specific.

You are incorrectly telling Shannon that the board can discuss anything it wishes in ES. She seems confused enough. I still don't know why she simply does'nt ask the attorney at the meeting what is legal to discuss.




The attorney recently came to a meeting and apparently said:
"I don't see anything wrong with what I've seen you discuss in Executive Session.".

and so they took that as
"I'm not telling you to stop, or that you were wrong, so keep doing what you're doing."
so they ran with that, and now they think they can do whatever they like in Executive.

We also have a manager (who picked the attorney) who says:
"The list in CC 4935 is just guidelines!" so they are running with that too.

They are now openly blaming me for the extra attorney fees... and even though we have an officially adopted set of Parliamentary Rules, they are throwing those out the window too, to allow for abuses of power, processes, and people... namely myself.

I have been openly attacked several times verbally and the president is of the mind that: "Well, if that's how people feel, we should hear from them"
Contrarily, she didn't like it when I told her she was ASSOCIATION president and not BOARD president.

This person is a power vampire idiot narcissist who thinks Davis-Stiriling is a person or a law firm with a differing legal opinion about stuff.

Just sayin how I feel, after all.
Please login to post a reply (click Member Login on the menu).
Page 2 of 2 << < 12
Forums > Homeowner Association > HOA Discussions > Exective Session Question



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement