Q. The Board of Directors in our association routinely excludes members from attending Board meetings by holding an “Executive Session”. When challenged they claim that they have this right in order to discuss sensitive matters. Is this true, and what are the limitations?
A. According to Robert’s Rules of Order, a Board may meet in “executive session” and thereby exclude members and keep the proceedings secret. However, in a condominium or homeowners association, the only time a Board may meet in a closed “executive session” is when the Board is seeking legal advice from the association’s attorney with respect to proposed or pending litigation or meeting with or without the attorney to discuss personnel matters. All other Board meetings should be open to the membership.