Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding HOA Executive Board Meetings and what they are allowed to do in private . . .
QUESTION: Our board met with legal counsel in executive session to discuss proposed changes to our bylaws. There is no threatened or pending litigation. Does this comply with the Davis-Stirling Act? –Erin L.
ANSWER: The Davis-Stirling Act allows boards to meet in executive session to: (i) consider litigation, (ii) form contracts, (iii) hold disciplinary hearings, (iv) discuss personnel issues, and (v) review delinquent owner payment plans. (Civ. Code § 4935)
The list is not complete because there are other reasons to meet privately, such as approving foreclosure, reviewing disability requests, dealing with a resident with a mental illness, etc. To see a complete list, go to “Executive Session Meetings.” If a board wants legal counsel about proposed bylaw changes, it would do so in executive session, which preserves attorney-client privilege.
DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel. You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.
