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Recused Board member asked to leave executive session


fireman4

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I am a Board member for our HOA. I received a variance from a previous Board but recently became involved in a dispute with our management company over the approved variance for my property. I requested mediation per our bylaws and also requested for representation. My request for representation was heard in executive session as per our bylaws. After giving my testimony in executive session I recused myself from further discussion and the vote. However many board members demanded that I leave the room during their debate and vote. I know in a regular session a recused Board member does not have to leave the room. What would be the proper etiquette in executive session?  Does a Board member with a conflict have to leave during the Board debate and vote in executive session?

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In RONR, all members have the right to attend meetings, including meetings held in executive session. See FAQ #9 regarding a conflict of interest. RONR does not require members to leave the room during the debate and vote (unless it is in regards to a trial for disciplinary action). Any such requirement would have to be found in your rules.

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  • 5 years later...
Guest Nancy in Arizona

I am not sure anyone will receive or be able to answer this question . . . . 

I am an HOA board member.  I was asked not to come to the first 10 minutes of the executive session, as the president said they were going to be discussing a unit that I am "associated with".  I didn't read anything that said this was remotely fair or that she was able to do this.  I turned up. I was told to get out. I asked what unit number was to be discussed (I own one home and have my name on the title of 2 more). I was told by the president that she didn't have to tell me and refused to do so.  There was a lot of yelling and swearing on the part of the HOA president.  I stood my ground .  Nothing was discussed.  The president then said she would seek legal council.  I wanted to stay and listen to the content of the discussion and if there was a conflict, I would have stayed silent, but I wasn't even given the chance to understand what the secret 10 minutes was about. Was I in the right or the wrong?

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26 minutes ago, Guest Nancy in Arizona said:

I am not sure anyone will receive or be able to answer this question . . . . 

I am an HOA board member.  I was asked not to come to the first 10 minutes of the executive session, as the president said they were going to be discussing a unit that I am "associated with".  I didn't read anything that said this was remotely fair or that she was able to do this.  I turned up. I was told to get out. I asked what unit number was to be discussed (I own one home and have my name on the title of 2 more). I was told by the president that she didn't have to tell me and refused to do so.  There was a lot of yelling and swearing on the part of the HOA president.  I stood my ground .  Nothing was discussed.  The president then said she would seek legal council.  I wanted to stay and listen to the content of the discussion and if there was a conflict, I would have stayed silent, but I wasn't even given the chance to understand what the secret 10 minutes was about. Was I in the right or the wrong?

Guest Nancy, please post your question as a new topic, per the instructions in the first pinned post by the forum administrator, Shmuel Gerber.   Here is a link to it:  https://robertsrules.forumflash.com/topic/25416-important-read-this-first-faq-and-information-for-new-members-and-guests/

 

Edited by Richard Brown
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