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Executive Session Procedure


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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

 

 

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14 minutes ago, Lori C. said:

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

 

 

As a new Board member, what you need to do before worrying about the rules in RONR is to become thoroughly familiar with your Association's governing documents (bylaws, etc.) and applicable law.  These take precedence over the rules in RONR, and the answers to many of your questions will be found there.  

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55 minutes ago, Lori C. said:

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

 

 

Also familiarize yourself with the website of the homeowners protection bureau www hopb.co (tells you lots you need to know)

I would suggest you do goto the boardmeeting just to familiarize you with the other board members.

Also it looks like 3 meetings.  is the second  meeting ( with the membership:)

a  public boardmeeting

or

a membership meeting?

That are quite different meetings

And also get at least one copy of RONR :)

 

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1 hour ago, Daniel H. Honemann said:

As a new Board member, what you need to do before worrying about the rules in RONR is to become thoroughly familiar with your Association's governing documents (bylaws, etc.) and applicable law.  These take precedence over the rules in RONR, and the answers to many of your questions will be found there.  

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.

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10 minutes ago, Lori C. said:

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.

Then what did you find in them regarding the HOA Management Company's authority to email a Board meeting notice to the homeowners for a Board meeting to start at 5:15 pm. on June 22nd? Or anything concerning convening at 4:30 pm (prior to a public meeting) to have your attorney speak to the Board members in Executive Session?  Or this business about the Board going into the Open Meeting and then going back into Executive Session? 

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58 minutes ago, Guest Puzzling said:

Also familiarize yourself with the website of the homeowners protection bureau www hopb.co (tells you lots you need to know)

I would suggest you do goto the boardmeeting just to familiarize you with the other board members.

Also it looks like 3 meetings.  is the second  meeting ( with the membership:)

a  public boardmeeting

or

a membership meeting?

That are quite different meetings

And also get at least one copy of RONR :)

 

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.

 

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21 minutes ago, Daniel H. Honemann said:

Then what did you find in them regarding the HOA Management Company's authority to email a Board meeting notice to the homeowners for a Board meeting to start at 5:15 pm. on June 22nd? Or anything concerning convening at 4:30 pm (prior to a public meeting) to have your attorney speak to the Board members in Executive Session?  Or this business about the Board going into the Open Meeting and then going back into Executive Session? 

21 minutes ago, Daniel H. Honemann said:

Then what did you find in them regarding the HOA Management Company's authority to email a Board meeting notice to the homeowners for a Board meeting to start at 5:15 pm. on June 22nd? Or anything concerning convening at 4:30 pm (prior to a public meeting) to have your attorney speak to the Board members in Executive Session?  Or this business about the Board going into the Open Meeting and then going back into Executive Session? 

 

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