Court Says HOA Cannot Exclude Director from Executive Session Meetings

In this case, the board of directors of a homeowners association passed a motion to exclude a fellow board member who had been elected to the board by the homeowners from attending the board’s HOA executive session meetings. Such action was taken by the board at the recommendation of the association’s legal counsel after the director refused to agree to keep matters that were discussed in the HOA executive session meetings confidential. In response to said action, the board member filed a court action in which she sought an injunction to compel the board of directors to allow her to participate in the executive session meetings of the board. The trial court denied her application for a preliminary injunction and she appealed the decision to the appellate court.