Board Executive Session
Dennis, first I want to Thank You for all the work you do with the legislators to get laws passed that benefit the owners in an HOA.
The Board of Directors are looking at updating the HOA Code of Conduct for board members and owners. There has been a Code of Conduct in place since 2015. I believe that any board discussions regarding an update to the Code of Conduct should be held in a Board meeting open session and does not qualify, based on the statute, to be discussed in a closed executive session. Is there any reason that updating an HOA Code
of Conduct (that is available for all owners) would qualify to be discussed in an executive session? Thank you
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Denise,
Any discussion of a code of conduct policy or any policy in executive session is strictly prohibited under current Arizona law. What would be allowed is consideration of legal advice from an attorney on that policy. That legal advice is privileged and protected from public exposure. But only that legal advice is protected any other discussion or deliberation on that policy must occur in open session. Many boards mistakenly believe that because they seek or get legal advice on a policy or subject matter, they then can continue the discussion of that policy or subject matter in executive session. That is absolutely false and incorrect. One other point, while Arizona law does allow consideration of 5 specific topics in executive session it does not allow any vote on that issue in executive session. All votes must be made in open session with the members or unit owners provided the opportunity to speak prior to the vote of the board. This is a literal reading of the law as written and as enforced by the public policy statement in that section of statute.
Dennis
Thank you, Dennis
I really appreciate your knowledge and quick responses!