Those Meeting Notice Signs

By now you may have noticed the sign on the gates on Uplands and Zanzibar announcing an Executive Board Meeting. For convenience, I'm including a copy of the sign below.  Note, it is a closed meeting as we are discussing contract issues.

Ok, so you ask why are we posting this meeting if it is "closed session"?  Well, under the Davis-Stirling Act a quorum of your Board of Directors cannot meet or discuss any HOA business (other than to set up a meeting) without notifying the Homeowners.  That includes telephone and email communications or even a quorum chatting at a party.  

What can be covered in a closed session?  Here's an excerpt from Davis-Sterling that might help:

"Executive sessions of the board of directors are provided by statute so boards can address issues involving privileged information and matters of a private nature. As a result, members do not have a right to attend executive sessions. As provided for in Civil Code §1363.05(b), boards may go into executive session for the following matters:

1. Legal Issues. This preservesattorney-client privilege, litigation strategy and settlement strategies for current and potential litigation matters. The association's attorney does not need to be present either in person or by phone for the board to meet in executive session to discuss legal issues.

2. Formation of Contracts. Boards may consider matters relating to theformation of contractswith third parties.

3. Disciplinary Hearings. Boards should meet in executive session for alldisciplinary hearings. The accused member is entitled to attend the executive session for that portion of the meeting dealing with member's hearing.

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

5. Payment of Assessments. Board may meet with members in executive session to discuss requests by delinquent members forpayment plans.

6. Foreclosure. The decision to initiate foreclosure shall be made only by the board of directors of the association and may not be delegated to an agent of the association. The board must approve the decision by a majority vote of the directors in executive session. Civ. Code §1367.4(c)(2)."

Read more:Executive Sessionhttp://www.davis-stirling.com/tabid/1769/Default.aspx#ixzz23j3hUfCD
from Davis-Stirling.com by Adams Kessler PLC. 

Don't hesitate to contact me with your questions or comments.  It is your involvement in the community that makes serving on your Board worth my time.