Executive Sessions or meetings of the HOA
Our newly elected HOA Board is trying to determine what matters qualify for an Executive Session. Specifically we have a landscaping company that has breached their contract for months. Some of us are wanting to call an Executive Session to discuss firing this contractor/vendor/ employee of the HOA. Does this qualify under the Executive Sessions for an HOA? Can we hold an Executive Session without first holding a Board meeting and then go into Executive Session?
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Lisam,
It the decision to fire the landscaping company is based on performance issues by individuals of the contractor than that can be accomplished in an executive session. Any decision to hire a new landscaper must then be accomplished in open session.
You can have a standalone executive session as long as it is noticed 48 hours prior to the meeting and the reason why this meeting is acceptable to be considered in executive session by simply noting one of the 5 acceptable reasons why the subject matter to be discussed can be made outside of an open meeting in the notice for that meeting. In this case the justification would be section A.4 from ARS 33-1804.
One important point that you made in your question is that you can go into executive session after a properly noticed open meeting but when you do that you must mention and include in the minutes the section of ARS -33-1804 that allows you to discuss issues in executive session.
Dennis
Thank you so much for the quick response!