Many Associations I manage are concerned about the content of what is discussed in open session versus executive session. The Board of Directors of communities are faced with homeowners who request more transparency and the ability to hear more of the decisions that are being made, but then the Board Members must contend with the Civil Codes and requirements for Executive Session discussions.
I would like to preface this portion by stating that I am not an attorney. You may want to consult with your Association's legal counsel or your community manager for procedures with executive session information. I would suggest maintaining the standard executive session categories in executive session, which includes but is not limited to:
Personnel matters, member disciplinary issues, legal issues, delinquencies when discussing specific homeowners.
The area that I tend to recommend to discuss in open session is the formation of contracts, but within reason. If, for example, my Association is in need of terminating services with one vendor to retain another, this sensitive information should be discussed in executive session. If homeowners hear this information in open session and then discuss with the vendor in question in passing, this may be disruptive and cause issues with your vendors. If you were merely discussing proposals for a plumbing repair or adding a new service, talking about insurance renewals, etc., why not discuss in open session? Homeowners feel that they know more about the extraoridnary expenses, and it is specified in open session minutes. Contracted services are the fees that recur each month and are standard, so for any special projects that do not fall under the legal category or are not linked to an existing contract may be considered to be discussed in open session.
Again, you should proceed in a manner that is best suited for your community, but in my experience, homeowners are appreciative of the opportunity to be made aware of community decisions.
Neda Firouz
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