Executive Meeting Notification
Hi Dennis……I am under the impression the Board is required to identify which particular exception(s) authorizes them to enter into a close session. Is it acceptable to list all 5 exceptions even if they don’t have subject matter to discuss under each of the 5 exceptions?
Below is what we receive and it’s included in the Regular Meeting notification:
In addition to the above, the Board will also be meeting in executive/closed session before the regular open meeting. Although attendance at the executive session is restricted to the Board (owners are not permitted to attend), Arizona law requires that owners be informed of executive session meetings. The Board anticipates meeting in executive session to address:
– Legal advice from an attorney for the Board or the Association.
– Pending or contemplated litigation.
– Matters relating to personal, health, or financial information about an individual member of the association, an individual employee of the association, or an individual employee of a contractor for the association.
– Matters relating to the job performance of, compensation of, health records of, or specific complaints against an individual employee of the association/individual employee of a contractor of the association who works under the direction of the association.
– A member’s appeal of any violation cited or penalty imposed by the association.
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Kathy,
You are absolutely correct. I wrote that provision into law, so I understand exactly what that provision says and what it is meant to accomplish. It is written to require the board to identify the specific exception for anything that they are considering to actually use during this specific session. The purpose of this provision to force the associations to look carefully at all five of these exceptions to ensure that they only consider any issue in these closed sessions that are specifically authorized to be discussed in these session. Once again HOA attorneys have interpreted this provision to mean that they can discuss anything as long as they parrot the 5 exceptions in the notice of the meeting. This is total BS and a direct violation of the law. Their actions clearly display the HOA’s attorneys total contempt for the rule of law, and in my opinion they should all be disbarred for this open contempt and violations of their oath as attorneys to uphold the law. That would happen if the Arizona Bar was anything but a good old boys club protecting their members instead or regulating their members. Even worse what I’m see as a ever growing trend is that associations are using the “advice of the attorney” provision to discuss and approve any issue in executive session. The law actually say they can consider advice from an attorney appropriately in closed session, it does not say that they can act on any issue in executive session just because the asked an attorney a question about that issue.
HB-2270 was introduced today to once and for all end all this BS. Look that bill up read it carefully. I will need everyone help to make this bill law and end this abuse of the law by associations and their attorneys and community manager.
Dennis
What exactly can we do to get that bill passed?
Janet,
My weekly “Legislative updates” provide all members of this coalition with guidance on what they can do to help get any legislation passed. If you have not seen those updates, then please look in your spam file. I send out 1,200 emails every week but only slightly more than 50% of the recipients even open the e-mail. It most probably goes in their spam file, and they never see it. If any of you find any e-mails from Arizona Homeowners Coalition in your spam file you can set up rules within you mail program to recognize any communication from us as not spam.
Dennis
Dennis….I posted my position on AZ legislature website. Your directions were great. Thank you for all you do for the homeowner!!