Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> a View from the property line
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Real Estate & Property Law
: a View from the property linePut Executive Sessions in their (Proper) Place
By William G. Gammon
Executive Sessions can be used to foster conversation amongst the community association leadership without fear of any reprisal by the non-directors in attendance at a meeting. This confidential aspect to the executive session allows for directors to discuss more sensitive issues before presenting a unified stance to the membership and without infringing on any one individual's privacy rights or giving the appearance that the Board is not acting in unison with its directives.
Executive Sessions can also be improperly deployed, often resulting in the perception that the Board has no accountability to the membership, thereby fueling distrust, dissension, or other anti-Board sentiments by the membership or other non-director association personnel.
So how does the Board avoid these negative distinctions by using the executive session as a positive tool for community governance? Follow these simple guidelines and your Board should reap the benefits of executive sessions while avoiding the pitfalls that improperly-managed executive sessions can engender.
1. Don't overuse the executive session and be judicious. The executive session should be purpose-driven. Focus on the objective or agenda item to be dealt with and do not use this session to isolate or intimidate factional leadership and/or manipulate the results of a vote that the membership should be privy to.
2. Create an environment for sharing ideas. The Executive Session should be used to foster the free exchange of ideas and discussion on sometimes difficult topics. Don't hinder this process with heavy-handed tactics; instead, encourage board members to offer opinions, ideas, experiences and solutions to the issues being dealt with at the executive session.
3. Communicate to the membership. Don't mask the executive session in a shroud of secrecy. Instead, let members know why, when and for what purpose they are being excused from the executive portion of the meeting.
4. Don't hide the vote - take action in meetings, not executive session. Because the Board's actions are memorialized in the meeting's minutes, make sure that formal votes occur in the regular meeting, and not in the executive session.
*thanks to BoardSource, and its white paper, Executive Sessions: How to Use Them Regularly and Wisely, http://www.boardsource.org/Spotlight.asp?ID=14.337, copyright 2006 BoardSource.
Full post as published by a View from the property line on May 05, 2008 (boomark / email).
LWI Conference - Tuesday Evening POPCORN SESSIONS!!!
"Popcorn Sessions" are a new feature of the Legal Writing Institute Conference. These are longer, informal sessions (90 minutes!) with lots of group conversation and interactions. The purpose is to foster more dialogue among conference attendees...
LWI Conference Preview - Tuesday Evening Popcorn Sessions
"Popcorn Sessions" are a new feature of the Legal Writing Institute Conference. These are longer, informal sessions (90 minutes!) with lots of group conversation and interactions. The purpose is to foster more dialogue among conference attendees...
Separation of the Judiciary
The historic event of separation of the judiciary from the executive is to take place on November 1st. The Chief Justice of Bangladesh will attend the ceremony at the District Court premises in old Dhaka...
Posting of Minutes, Is It Required in California
The following is a simple question that was sent to me recently. "Do Hoa's in Bakersfield, California have to post in public the minutes from regular monthly meetings, including Executive sessions minute so that the homeowners can view them?" The answer is that HOAs in California are not required to post minutes of meetings so that the owners can view them...
Excluding "Whites" From Review Sessions
Richard Delgado's "Ask Mom" series on Blackprof is regularly fascinating and provocative, if I may sum up my reactions to it in a neutral and non-specific way. Today's post is no exception...
Hemingway: Immigration Sessions
Jeff Sessions rallies.
WestlaweCARSWELL and LexisNexis Quicklaw Refresher-Training Sessions
WestlaweCARSWELL and LexisNexis Quicklaw and REFRESHER / TRAINING SESSIONS (Part of the Law - Online Services Training Sessions Series) ? For all UBC Law Students and Faculty ? Registration is required - please click on the appropriate link below...
Colon Cancer Patients May Not Be Receiving Proper Care
Options Backdating
Former Broadcom executive settles $1.3 million stock option backdating lawsuit.
Contract Extortion
County Executive Robert Janiszewski ordered to pay Hudson County a $650,000 racketeering settlement.









