Best OAH case – Action in Closed Session
Dennis
Would you happen to have a recommendation for one (or two?) of the best OAH cases that establishes precedent to argue that an HOA board may not make DECISIONS during closed session?
Tx
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Ray,
I know of no specific ADRE case that addressed that specific topic, but the law is clear. All meeting of the board must be held in open session where members are allowed to be present and speak before the board votes on any issue. Closed sessions are allowed for “consideration” of 5 specific subject matters. But the key word here is “consideration” the definition of consideration does not include actions so executive sessions cannot include votes by the board where members of the community have not been given the ability to speak to the issue prior to the vote. The coot de gras, is the public policy statement that requires the board to interpret any provision of the open meeting law in favor of open meetings. Any interpretation of “consideration” other than the literal definition, that would allow association to take action is closed session is a direct violation of the public policy statement.
Dennis