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Home Forums Top Priority Problems Executive Sessions Aren’t For Concealment

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    • #955
      Morgan Mitchell
      Keymaster
        Executive Sessions Aren’t For Concealment

        The Texas Property Owners Protection Act only allows for executive sessions, closed to the members (property owners) in narrowly defined circumstances. They are not to be used to exclude members from the business of the HOA.

        The law requires that following an executive session, all decisions made in the executive session “must be summarized orally and placed in the minutes”. We cannot find ANY decision that has been properly recorded in the minutes let alone orally summarized at the end of the executive session. This includes our attendance of the April board meeting where we were  asked to leave for the executive session. The meeting was never re-opened, no oral summary of the executive session was provided, and the meeting was adjourned from behind closed doors.

        Additionally, the law requires that “Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session“. We are not aware of any such descriptions provided by the BoD nor Association Services, BCS.

        Where is the record of the vote that was taken to omit any reference to this Forum in the community newsletter? We were told in a phone call on March 26th that a vote on the Forum had been taken at that day’s meeting. Was that done in executive session? Why would that be the case? It doesn’t fit the requirements of the law and there is no record of the decision as is required by law. What else hasn’t been disclosed in the official meeting minutes?

        This law simply enforces basic respect for the fact that the property owners are legal voting members of the HOA and deserve to be informed of the business that is being conducted on their behalf.

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