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Executive Session


Guest Jim

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The bylaws of our homeowners association state that "ALL" meetings of the board of directors will be open to the public. There is no provision anywhere in the bylaws concerning executive session. Tonight at the board of directors meeting, a vote was to be taken on amendments to the bylaws. Several homeowners were in attendance and has major objections to some of the proposed changes to the bylaws. The vice-president, acting in place of the president who was out of town, decided to move the board into executive session instead of listen to the concerns of the homeowners. Based on the fact that our bylaws require ALL meetings to be public, did he have the right to do this and is any action taken by the board during this closed session legal?

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The bylaws of our homeowners association state that "ALL" meetings of the board of directors will be open to the public. There is no provision anywhere in the bylaws concerning executive session. Tonight at the board of directors meeting, a vote was to be taken on amendments to the bylaws. Several homeowners were in attendance and has major objections to some of the proposed changes to the bylaws. The vice-president, acting in place of the president who was out of town, decided to move the board into executive session instead of listen to the concerns of the homeowners. Based on the fact that our bylaws require ALL meetings to be public, did he have the right to do this and is any action taken by the board during this closed session legal?

The answer to your question has more to do with what the association's bylaws say than anything do to with RONR, 10th ed.

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