Executive Meeting after every open meeting?
Is it normal for an HOA to hold an executive meeting after every open meeting for the same reason? This is always written after our meeting date and time “An executive (closed) session shall follow the open meeting.
The executive session shall be a closed meeting pursuant to ARS ยง33-1248/33-1804(A)(3) and (5).”
Always the same (A)(3) and (5). Is this normal or is this just a way for them to have a meeting after the open meeting? I have tendency to be suspicious of our BOD lately.
Another question I have … Our BOD voted to remove our president, leaving only 2 of 3 on our board. The 2 that were left then appointed one of them to president. They held a meeting 2 weeks later and announced “actions outside of meetings.” They approved a couple of proposals “via 100% via email.” Also stating unanimous consent. Our bylaws state we must have a minimum of 3 board members. Can 2 make decisions like that? And wouldn’t these types of emails be considered meetings? It was another 3 weeks before they appointed a 3rd board member.
Side note: our board loves to have all kinds of email communication regarding community affairs. I have personally seen some of them. One was from our management company’s Field Operations Supervisor stating that they can not enforce the public street parking restriction, but they do it anyway.
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Kimberly,
When they cite those two exceptions they are reviewing violations of governing documents. First of all violations of community documents are not personal matters and therefore not subject to exception 3. Exception 5 addresses a homeowner contesting a cited violations. What they are probably doing is never telling the homeowner that they have the choice to contest any violation in either open or closed session. The association does not have that choice only the homeowner has. Is it usual to have and executive session after every meeting that answer is no . I will also point out that the board can discuss issues in closed sessions but they are not allowed to make any decisions in closed session they must all be made in open session with homeowner given an opportunity to speak prior to that vote..
the board is also prevented from using action without a meeting for anything other than an emergency issue. Under the open meeting laws. So yes unless the actions taken could not wait for the 48 hours required to notice a board meeting violates the law.
With a board of three members a quorum of 2 member can take any actions.
As for removing a board member the board has absolutely no authority to do that. They can remove an officer from their position but they remove an elected board members. The only way to remove a board member is by their resignation or a recall vote from the members. So if the actually voted to remove a board member they again violated the law.
Clearly your current board has total disregard for the laws governing their actions and is simply begging to be challenged in court.
Unfortunately until any homeowner holds them accountable to the law or the community steps up and removes these board members they will simply continue to get away with violating the law.
As for street parking a new law was enacted this session that will allow the community to vote on whether the association can control parking on public streets. A simple majority of members voting on the issue at a meeting will decide the issue. You get one chance to do this and the vote must be conducted prior to July 2025 or the ability to regulate parking on city or county streets is forever removed.
Dennis