Board acts in unlawful secrecy

Under § 55-79.75.C the Board "may convene in executive session to consider personnel matters; consult with legal counsel; discuss and consider contracts, probable or pending litigation and matters involving violations of the condominium instruments or rules and regulations promulgated pursuant thereto for which a unit owner, his family members, tenants, guests or other invitees are responsible; or discuss and consider the personal liability of unit owners to the unit owners' association, upon the affirmative vote in an open meeting to assemble in executive session. The motion shall state specifically the purpose for the executive session."

Furthermore, "The executive organ shall restrict the consideration of matters during such portions of meetings to only those purposes specifically exempted and stated in the motion."

Following the executive session, the Board is required by § 55-79.75.C to reconvene in open meeting and take a "vote on such contract, motion or other action which shall have its substance reasonably identified in the open meeting." The Board must decide in open session what they discussed in executive session. Absent this, “No contract, motion or other action adopted, passed or agreed to in executive session shall become effective”.

The purpose of the executive session may be considered "specifically" stated, and the vote's "substance reasonably identified" if a third party, not present during the executive session, is able to act on the Board's decision by reading the minutes of the meeting.

Regarding the January 10, 2008 meeting, the minutes show that the Board failed to vote upon entering into executive session, "to discuss legal matters" does not qualify for executive session, and the vote following the executive session does not reasonably identify the substance of the "Resolution". Hence, pursuant to § 55-79.75.C, the "Resolution" is not effective.

Lastly, § 55-79.75.C says the Board "may convene in executive session"—it does not require it. Given that more than $9000 were improperly disbursed to former Board members Handley and Thompson, given the largest turnout at the Annual Meeting, resolving this matter openly would help to clear the air.