EXECUTIVE SESSION MEETINGS

Purpose. Executive sessions of the board are private sessions which homeowners are not allowed to attend. Executive sessions are provided for by statute so that boards can address issues which involve privileged information or matters of a private nature. Civil Code §1363.05(b) These include:

1.  Litigation. Both current and potential litigation matters may be discussed in executive session. This preserves attorney-client privilege, litigation strategy and settlement strategies.

2.  Formation of Contracts. So as to avoid unfair bidding practices, the board may meet in executive session to review bids and vote on contract proposals.

3.  Disciplinary Hearings. Boards should meet in executive session for all disciplinary hearings. The accused member is entitled to attend the executive session.

4.  Personnel Issues. Personnel matters include, but are not limited to, hiring, firing, disciplinary matters and performance reviews.

5.  Payment of Assessments. Board may meet with members in executive session to discuss requests by such members for payment plans for delinquent assessments.

Who May Attend Executive Session? Directors, managers, recording secretaries, association attorneys, members subject to disciplinary action as well as witnesses called by either side (but only for that portion of meeting involving them), and others invited by the board (such as vendors bidding on a project) may attend executive session meetings.

Also see notice and agenda.

Updated by ADAMS KESSLER 10/1/2008