Is Your HOA Properly Documenting its “Executive Session” Board Meetings?

An “executive session” board meeting is basically a board meeting that is not open to attendance by the homeowners. State statutes that mandate board meetings be open to attendance by all homeowners typically include provisions that allow for and specify the circumstances under which an association’s board of directors can convene in executive session to the exclusion of all non-director homeowners (with the exception of homeowners who are involved in a matter that is on the agenda for the executive session meeting and are entitled to be present for the portion of the meeting that involves their matter). Association business that does not involve issues that must be handled in executive session meetings is addressed in board meetings that are open to all of the association’s members. Matters that state statutes typically provide for discussing in executive session board meetings include: