Open VS Executive Session
Question: Do discussions about owner violations of rules/CC&R’s belong in open sessions or executive sessions? We are a smaller community (44 units) and are trying to position these discussions in the proper way.
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Adam,
It has always my position that violations of governing documents are not eligible for discussion in executive session except if the hearing to contest that violation is requested to be held in executive session by the homeowner under exception 5. These issues are not personal information because they are readily visible by anyone with a knowledge of the governing documents from a simple walk around the neighborhood from the streets., this makes it public information and how the association handles these violations and treats homeowners fairly demands transparency in the decision making process. Additionally if these violations were considered by the legislature to be personal information there would have been no need to create exception #5 in 2010, if that discussion was already covered by exception 2.
Dennis