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HOA- Board Meetings


Guest Nikki

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The HOA has a monthly board meeting and those minutes are made public after being accepted.  After the board meeting, the committee goes into a closed meeting- are those minutes public information as long as it does not have personal information on it- or the personal information can be redacted.

 

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On 11/7/2022 at 1:32 PM, Guest Nikki said:

The HOA has a monthly board meeting and those minutes are made public after being accepted [approved].  After the board meeting, the committee goes into a closed meeting- are those minutes public information as long as it does not have personal information on it- or the personal information can be redacted.

 

Probably not. 

Although you described it as a meeting after a meeting, if the rules in RONR are being observed, then toward the end of the board meeting, the board votes to go into executive session, which is a portion of the meeting at which confidential matters are considered, and with respect to which, all members are bound to secrecy. But it is a part of the same meeting. Minutes are taken during executive session, but they are not made public except as the board may direct.  Even the approval of these minutes should be done in executive session.

Upon completion of executive session, the board may then adjourn its meeting.

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On 11/7/2022 at 12:32 PM, Guest Nikki said:

The HOA has a monthly board meeting and those minutes are made public after being accepted.  After the board meeting, the committee goes into a closed meeting- are those minutes public information as long as it does not have personal information on it- or the personal information can be redacted.

The minutes of a board meeting held in executive session are not made public unless the board votes to make them public, or unless the organization's rules or applicable law require them to be made public.

"The general rule is that anything that occurs in executive session may not be divulged to nonmembers (except any entitled to attend). However, action taken, as distinct from that which was said in debate, may be divulged to the extent—and only to the extent—necessary to carry it out. For example, if during executive session a member is expelled or an officer is removed from office, that fact may be disclosed to the extent described in 63:3. If the assembly wishes to further lift the secrecy of action taken in an executive session, it may adopt a motion to do so, which is a motion to Amend Something Previously Adopted (35). In making or debating such a motion, the members must be careful, if the assembly is not in executive session, to preserve the existing secrecy.

A member of a society can be punished under disciplinary procedure if he violates the secrecy of an executive session. Anyone else permitted to be present is honor-bound not to divulge anything that occurred. Reading and approval of the minutes of an executive session must take place only in executive session, unless that which would be reported in the minutes is not secret. When the minutes of an executive session must be considered for approval at an executive session held solely for that purpose, the brief minutes of the latter meeting are, or are assumed to be, approved by that meeting. (For additional rules regarding access to minutes and other records, including those kept by boards and committees, that are protected by the secrecy of an executive session, see 47:36 and 49:17–19.)" RONR (12th ed.) 9:26-27

Edited by Josh Martin
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