Executive Session
Hi Dennis,
Just got a email from our condo community where we own a unit in Scottsdale. The email was from the management company noticing members as to an upcoming “executive meeting of the board” Below is the exact message:
” Please be advised, there will be an Executive Board of Directors meeting held, Friday, January 6th at 9:30 am Via Zoom (closed to owners).”
I forwarded an email back stating that ARS 33-1248 has requirements regarding all closed meetings of the board. Below is the summary of what I stated:
We just received the notice of the executive closed session and I couldn’t help but notice that the notice, as it stands, does not meet the ARS 33-1248 meeting requirement found within the statute. This is probably just an oversight; however, I thought it was worth mentioning.
The standard requirements must include:
1.Proper notice
2. The closed session must meet the description of one or more of the 5 paragraphs listed under section A.
3. The board shall identify the paragraph or paragraphs under subsection A of this section that authorizes the board to close the meeting.
Here was the response from the management company:
Good afternoon Bob,
Only Executive Meeting notice to owners is required.
Thank you.
So Dennis, my question is am I missing something here or is this individual totally wrong. I sent her excerpts from ARS 33-1248. My conclusion is you can call it anything you want i.e. executive session, BOD closed session, bottom line if it is a meeting of a quorum of the board members and it is closed to members it is a blatant violation of the open meeting statute if not properly noticed as ARS 33-1248 states.
Thanks for listening,
Bob
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Robert,
You are exactly correct another incompetent community manager has never bothered to actually read the law. I say this with authority because I put that exact provision into statute. While they have satisfied the notice for the closed session. they still have to identify what exact exception to the open meeting law authorizes the proposed discussion to be had in this closed session. Only 5 options and one of those 5 is only if specifically requested by the unit owner.
Dennis
Dennis,
Thank you for the response. When something is so unambiguous such as the wording in ARS 33-1248 I find it difficult to understand the issues that arise such as the circumstances I have previously noted. I believe in this case the community manager is acting as a gatekeeper without complete knowledge of the laws governing HOA open meetings.
Today I will respond to her email and encourage her to put this information that I sent to her before the BOD who shoulder the responsibility for the actions.
Considering the fact that closed sessions seem to be common in most condo communities I feel that the transparency required by the open & closed meeting statute is critical.
Dennis, if this situation ultimately goes unaddressed by the BOD, in your opinion would this be worth pursuing and attempting to correct via the AZ OAH. I’m hoping this won’t be the case however I believe strongly that this or any BOD needs to comply with the law especially within this area of open meetings.
Thanks again,
Bob
Bob,
You are absolutely correct. The transparency required of the open meeting law is probably the most violated statute for both condominiums and HOA’s. That transparency is there for a reason. Transparency in the operation of the community builds trust between the board and the community, with trust comes respect, you may not agree with every decision but if it done openly and with only the benefit of the community in mind it is not up to you to criticize. When a board and a community respect each other a true community is formed and self-regulates, and harmony ensues. Without transparency the opposite occurs and the community is thrown into chaos. That is why i have focused so much on improving the open meeting law and will try and do more this session if I can get a legislator willing to stand up to the HOA trade groups that get more money when there is chaos in these communities.
If you are considering a petition to ADRE please share your issue with me first so I can help you frame a winning argument.
Dennis
Thanks Dennis for the above response. I will bring this subject up at our next board meeting to discuss the state requirements regarding closed BOD meetings. Hopefully it will be well received. One little sentence added to the closed meeting notice would take care of the requirements. We’ll see how it goes.
Briefly what is the best method that you can briefly share to request record reviews. I am mostly interested in association to member correspondence as well as status on non compliance issues that are currently being addressed. Also of concern is recent voting materials and architectural request and approval/non approval by the ARC committee. I would like to get an in-depth view as to what the BOD/ community manger is actually doing. We hear a lot of things being said however actually see very little action in the community. Same old issues that never seem to end.
Thank you Dennis,
Bob