Executive Session, Abuse of

[Guest Joe Don]

Our HOA board mtg  agendas always include a caveat... "And Executive Session as needed."  When an Exec Session is "needed" the motion states the generic cited in Virginia Code § 55-79.75.C Meetings of unit owners' associations and executive organ ... personnel, potential litigation, et al, but never with any more specificity, e.g., Litigation (paving contract), personnel (staff/director/member).  I am uncomfortable that failure to offer such specificity enables discussion in executive session to wander.  Cited Virginia legislation seems to support such a vague topic identification for executive session.

My question is: Do others more knowing see a "generic" notice as legal and or appropriate?  Have other HOAs found a wording for exec session notice that ensures more transparency? More specificity in the motion to go into Exec session would ensure directors voting on the motion to reconvene in open session were affirming there was no deviation from topic in discussion.  

[George Mervosh]

Under the rules in RONR, no reason or notice needs to be given for an assembly to enter into executive session, therefore its use cannot be abused.  You'll need to contact an attorney if you have questions regarding statute.

[jstackpo]

RONR has no limits on the purposes of Executive Sessions (other than it requires a majority vote to go into ExecSess).

Whether the Virginia law places such limits on your association is for lawyers and the courts to figure out.  We don't attempt to do legal here.