Lori C.

Yes, the second is a membership meeting with the homeowners. I’m familiar with Arizona case law with regard to the Open Meeting Law and the Arizona Attorney General’s Opinion with regard to OML. ARS 33-1804 requires that all meetings of the Board be noticed 48 hours in advance and that members be allowed to participate. Obviously they cannot participate in an executive session before the open meeting so they both have to be announced and the reason for the executive session must be identified by listing the specific exception to the open meetings allowed by law. I understand the Board is totally free to go into executive session at any time during or after a noticed open meeting, but before they do that they are required to identify the specific exception that allows them to go into executive session in the open portion of the meeting. The Board has not disclosed to the membership, that they plan to go into executive session to meet with the HOA attorney, prior to the open meeting. I’m more specifically looking for procedural rules to follow.

Thank you for your feedback Mr. Honemann. I’ve read all the governing documents. In Arizona, ARS 33-1804 Open Meeting law supersedes in some particular instances. I’m looking for procedural info.

I am a new Board Member for an HOA. What is the proper procedure to enter into Executive Session? The HOA Management Company emailed a Board meeting notice to the homeowners for a Board meeting to start at 5:15 pm. on June 22nd. The HOA Management Company sent a separate email to the HOA Board members that the Board President wants us to convene at 4:30 pm (prior to public meeting) to have the HOA attorney speak to the Board members in Executive Session. The Board will the go into the Open Meeting and again then go back into Executive Session. I just purchased a Roberts Rules book but it has not arrived. What is the proper procedure for this type of scenario? Any feedback would be appreciated. Thank you. Lori