HOAleader.com - Tip of the Week - May 25, 2012
Published: Fri, 05/25/12
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When a Board Is Afraid to Take the Heat on a Controversial Topic
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In this week's tip, we answer a reader's question about
whether his board can slink away into executive session
simply because there's a controversial topic-which
management company to hire-on the agenda.
What's executive session? It's a process by which a
board meets privately to discuss matters that shouldn't
be revealed generally. Each state has different rules
the practice.
Some don't permit it. "If Florida, we don't have this
executive session concept," says Jed L. Frankel,
a partner at Eisinger, Brown, Lewis, Frankel & Chaiet PA
in Hollywood, Fla., who advises community associations.
"Everything is open unless there's an attorney-client
privilege issue. Maybe there's litigation or there
need to be confidential communications between the
board and its counsel. That would be an exception
where only board members and possibly the manager would
be permitted to attend. Other than that, everything in
Florida is going to be an open meeting."
Many other states, however, permit use of executive session
in specific circumstances. "There are times when boards
can and should go into executive session depending on
state law and the governing documents," says Elizabeth
White, a shareholder and head of the community associations
practice at the law firm of LeClairRyan in Williamsburg,
Va. "In Virginia, we have open meeting requirements,
which compel boards to meet in the open. So members
should have notice of the meeting and an opportunity
to attend and observe. Then there's a list of exceptions,
which say a board may go into executive session to
discuss things like legal advice, pending litigation,
contracts under negotiation, and anything required
by law to be confidential."
Minnesota's law is similar but has fewer and different
exceptions to the open meeting requirement. "Typically in
Minnesota, a board meeting held in person is required
to be open to owners to attend," says Matthew A. Drewes,
a partner at Thomsen & Nybeck PA in Edina, Minn., who
represents associations. But he explains that there are
three basic scenarios in which a Minnesota board can
close the meeting: when the board will discuss personnel
matters; pending or potential litigation or other
adversarial proceedings as long as they involve unit
owners or the board and the board decides it's important
to protect the privacy of the board or unit owner; or
if there's criminal activity in the community and the
board decides that it's necessary to protect the privacy
of the victim or to not jeopardize the investigation.
Still, there can be discussion over when going into
executive session is proper. See our new article to learn
more: http://www.hoaleader.com/members/719.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Should This HOA Board Member Resign?
This week's tip addresses a foreclosure-related question
from an HOAleader.com reader: "We live in a small townhouse
community of 17 units. The vice president's townhouse has been
in foreclosure for over a year. The association is named party
to the foreclosure lawsuit. Association annual dues appear to
be paid. The association has been reluctant to notify the
homeowners of this foreclosure listed on county records. My
question is whether the vice president is required to resign
his post due to a statute or conflict of interest."
Click here to read full article:
http://www.hoaleader.com/public/Should-This-HOA-Board-Member-Resign.cfm
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Hoarders: It's Reality at Some HOAs
In this week's tip, we explain that hoarding isn't just a
can't-look-away TV issue. It's a real danger in associations
because of the increased risk of fire in multi-family buildings
like condos.
Click here to read full article:
http://www.hoaleader.com/public/Hoarders-Its-Reality-at-Some-HOAs.cfm
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What Should Your HOA Do to Prevent Hoarding?
Hoarding is a growing problem for associations because of the
increased risk of fire in multi-family buildings like condos.
Click here to read full article:
http://www.hoaleader.com/public/What-Should-Your-HOA-Do-to-Prevent-Hoarding.cfm
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Trayvon Martin Tragedy Hits Close to Home for HOAs
In this week's tip, we offer lessons for HOAs from the very
sad death of Trayvon Martin.
Click here to read full article:
http://www.hoaleader.com/public/Trayvon-Martin-Tragedy-Hits-Close-to-Home-for-HOAs.cfm
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What Should HOAs Learn from the Trayvon Martin Tragedy?
What does the tragic death of Trayvon Martin have to do with
HOAs?
The Feb. 26, 2012, fatal shooting of the teenager by an
informal neighborhood watch leader, George Zimmerman, occurred
on the grounds of The Retreat at Twin Lakes Association, a
Sandford, Fla., homeowners association where Martin was visiting
and Zimmerman lived.
Martin's death has triggered soul-searching throughout the
country. It should also prompt reevaluation among HOA boards
if, as many news outlets have reported, Martin's parents are
contemplating a lawsuit against the HOA because it allegedly
endorsed Zimmerman's crimewatch activities.
Why is that a problem? What should HOAs do when it comes to
crimewatch programs? Here are some answers.
Click here to read full article:
http://www.hoaleader.com/members/What-Should-HOAs-Learn-from-the-Trayvon-Martin-Tragedy.cfm
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