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EXECUTIVE
SESSION AGENDAS
QUESTION: Last night we went into executive
session to
discuss an urgent legal matter. The executive session was not on
the agenda because the issue only arose the day before. The agenda
had been distributed 4 days prior to the board meeting. Were we allowed to hold
the meeting even though it was not on the agenda?
ANSWER:
Since
executive sessions do not qualify as
"meetings" of the board,
agenda requirements do not apply to executive sessions.
Civil Code §1363.05(j)
Accordingly, boards are
allowed to adjourn into executive session without an agenda or prior notice. Your impromptu executive session did
not violate the Open Meeting Act.
OWNER
REQUESTS
QUESTION: Can an owner submit an agenda item for board discussion? If
so, is there a timeframe for submitting items to be placed on the agenda?
ANSWER: You
can submit your proposed agenda items to one or more directors. However, at
least one of those directors must place your items on the agenda since boards
set their own meeting agendas, not members. If the board
has authorized management to place owner items on the agenda, then you can
submit them to the manager. The timeline for submitting agenda items depends on the
time needed by management to prepare board packets and to print/post the agenda.
COMMERCIAL
ASSOCIATIONS
QUESTION: Does the new agenda law apply to commercial associations?
ANSWER:
Yes, it applies. The statute does not make exceptions for commercial
associations.
SAY IT AIN'T
SO
QUESTION: You mentioned last week that any director may place items on the agenda. Our
board is
divided 3 to 2 (I am in the minority; the president is in the majority).
Our manager said I had to submit items to the president
who decides whether or not to include them on the agenda. As a result, I have been reduced to the Open
Forum portion of meetings and granted only 3 minutes and 1 topic per
meeting! Say it ain't so...!
ANSWER: It ain't so.
Your board's practice is wrong on two levels. First, the president
cannot choke off board business be refusing to list matters on the agenda. With
the exceptions I cited in
last week's newsletter, all directors have a right to bring business before
the board. The second error involves your Open Forum. There is no limit on the number of topics owners may speak on during Open Forum. The
Open Meeting Act allows the board to establish reasonable time limits,
but there is no limit on the number of topics. Civil Code §1363.05(h)
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC
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