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ARCHIVE WORTHY ▶ B R E A K I N G  N E W S ▶ Question: “I am a new board member. The present board does almost everything in executive session. Then the president makes short announcements at the open board meeting [as to what were the decisions]. When questioned, the president responds that information in any executive session is confidential. I have spoken out that these items need to be ‘agendized’, discussed and voted on in open meetings. The board has now decided to investigate me for violation of confidential information in executive session because I have related at open meetings that the announcements of actions in executive session should have been ‘agendized’ and voted on in open meetings. Please help. I will shut up if I am wrong. D.A., Palm Desert”

HOA HOMEFRONT author and columnist attorney Kelly G. Richardson has a multifaceted answer to this question in this POST  
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Senior Partner of Richardson Ober PC, a California law firm known for community association expertise. Submit questions to kelly@RichardsonOber.com  Past columns at www.HOAHomefront.com  
One has to wonder if more observance and fidelity toward these guidelines might prompt greater interest and attendance at HOA board meetings by the membership?
Here around Trilogy Glen Ivy (a 1300-some member homeowner association in the center of the Temescal Valley), Kelly G. Richardson is known as the legal counsel for TGIS, the “improvement” and enhancement fund that works to bring about community improvements.
  • Interestingly, that nonprofit, 501(c)(3) board is not subject to the requirements of the California Davis-Stirling Law while the master association (TGMA) is so directed.
  • The post above was first archived on NEXTDOOR, a private (member-only) message board.  Subscriptions limited to the residents of communities served by NEXTDOOR.
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