NOTICE OF EXECUTIVE SESSIONS

Some believe that executive sessions of the board can only be convened following a duly noticed open meeting of the board. In other words, if a legal issue arose between regularly scheduled board meetings, the board could not meet with the association's attorney to discuss the matter without first inviting the membership to an open meeting and then sending them home so the board could adjourn into executive session.

This is contrary to common sense and industry practice. If a matter arose and the board needed legal counsel, the board is not required to go through the fiction of posting an agenda and waiting 4 days to hold a nonexistent open meeting so it could adjourn into executive session.

If the need for an executive session comes up between regularly scheduled meetings of the board, the board may, but is not required to, give the membership notice of the meeting. However, this matter has yet to be determined by the courts.

Updated by ADAMS KESSLER 9/4/2008