Executive secessions or planning sessions
Thank you in advance for your knowledge in HOA matters and your time to answer questions.
Is the chairperson/president required to post a “planning meeting “ – For example meet with the executive team to see where they are in completing tasks/assignments before the actual Board meeting? Is a planning session allowed without posting- I’m not referring to closed session-rather planning sessions.
Thanks much!
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Madaline,
Arizona law only allows the board to consider 5 specific topics in executive session. All other business of the association must be discussed and acted on in open session of the board that was duly noticed. Whether the board is considering a formal meeting to take action or a workshop or planning meeting it makes absolutely no difference they all must be treated as open meeting and noticed 48 hours in advance and allow any member to attend and participate in the meeting as appropriate. Absolutely no exceptions other than the 5 specific topics allowed by law. There is no informal meeting of the board where a quorum of the board participates currently allowed by law.
Dennis
Thanks Dennis. I need to give you a little more info.
We are a “hybrid” community. Not sure what that means but some say co-op and some say condo. We have a board of 18 ( we call them governors). Of the 18 there are 5 that are the executive comm. Does the executive committee ever have the authority to meet in a closed secession or the board as a whole meets in a closed session provided it is to discuss one of the items allowed in a closed session?
We have just changed leadership and want to get it right. For the past 5 years the execs always met before or after the monthly meeting to discuss delinquencies, legal, etc. They also met to update on items to be discussed at board meetings periodically.
Thanks
Madeline,
There is no such thing as a hybrid community your are either a condominium or you are a cooperative. Those two types of common interests community are diametrically opposite to each other. In a condominium the unit owners own all the property in a cooperative the occupants own nothing other than the right to occupy a unit the association owns everything. The only middle ground is a planned community where the members own their property and home, and the association owns the common property. I’d have to see your governing documents to better understand what you are and what laws apply to you. I’ve never heard of an 18 member board of governors for any community, so once again I’d have to read your CC&R’s and bylaws to better understand your situation. While there are no state statutes that directly address cooperatives there is a section of statute that does address governance of time shares. Time shares are a form of cooperative community. If you could send an copy of your CC&R’s and bylaws to the e-mail address at the top of this page I’ll get back to you.
Dennis