Executive Session Questions
A violation was issued against a board member for taking the rights of a resident away in speaking up in an open meeting. This person also lied about the directive in this open meeting, against the resident (ME). This is not the first time this was done and voiced my concern before. This last effort was the break. It was confirmed to me that the attorney sided with me in my interpretation of their suggestion. The board went into executive session and allowed this board member to attend, but did not include my (I wrote the violation). In addition, they handled other business in executive session per their note.
My question(s)
1. How is it acceptable for the board member that has the violation be in attendance at the executive meeting but not allow me, the person to file the complaint, not attend?
2. I thought I read somewhere, cannot find it now, that the board can only handle ONE effort per Executive Session-is this correct?
3. What rights do have residents have when board members take those rights away? Shy of my filing a legal action at a cost I would bear.
Thanks
About Post Author
3 Responses
Leave a Reply
You must be logged in to post a comment.
Steve,
Every board member has the right to attend any and all board meetings, open or closed, irrespective of the subject matter. Executive sessions are limited to discussions without action of any of the 5 specific issues identified in law. The board can discuss any number of issues related to the five authorized exceptions to open meetings. All closed sessions are allowed to exclude any homeowner unless specifically invited by the board to discuss one issue. Nothing in law allows the board to enter executive session to address an alleged violation of community documents unless the person subject to the violation specifically requests it.
Dennis
Sorry–I must have confused the question….I am a resident in an HOA…a board member has refused a number of times to allow me to ask questions in an open meeting. I finally filed a violation notice as it violates our rules. This director made comments against me in an open meeting. They went into executive session after I filed the violation, this director was allowed to attend and I was not, to discuss how to deal with the violation. To add, this director has violated a number of our rules in the past in different areas and our board (a very harmful board, my opinion) has allowed them to do so. However, have fined others for violations of a similar nature. My question is really, what can I do to get “satisfaction” and ensure my name is given back (defend myself) as it was done in an open meeting in a harassment manner…NOTE as well, it was in a Finance Meeting to discuss 2025 budget that I had a ONE question on and even stated that I only had ONE question. – Thanks
Steve,
Why exactly the board went into executive session is unclear but does not based on your script to be legitimate. Either way you are not entitled to attend any executive session without the direct invite by the board. If you feel that you were defamed by the board member you are free to file a defamation lawsuit against that board member but be aware that defamation is a very difficult case to prove, and you bear the total burden of proof. The cost could be substantial. If you are considering any such action then please talk to an attorney first. You could also seek an injunction against harassment if two such actions occured in the last year.
Dennis