Board stalls on recovery of funds

More than $9000 were given to former Board members Handley and Thompson without proper authorization by the Board. The Board needs to either properly authorize the funds, or to recover them for the Association.

§ 55-79.75.C states: "The executive organ or any subcommittee or other committee thereof may convene in executive session . . . upon the affirmative vote in an open meeting to assemble in executive session. The motion shall state specifically the purpose for the executive session. Reference to the motion and the stated purpose for the executive session shall be included in the minutes. 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. No contract, motion or other action adopted, passed or agreed to in executive session shall become effective unless the executive organ or subcommittee or other committee thereof, following the executive session, reconvenes in open meeting and takes a vote on such contract, motion or other action which shall have its substance reasonably identified in the open meeting."

Association minutes show that the Board neither stated "specifically the purpose for the executive session," nor did it reconvene in open session and "vote on such contract, motion or other action" with "its substance reasonably identified." Therefore, under Virginia law, the Board's action during this executive session is not "effective."

We've written about this issue several times, brought it up at the Annual Meeting, wrote again to the Board, and presented it at the January 10, 2008 Board meeting where Board member Dogan "suggested getting Mr. Mercer's legal opinion." The facts are clear, the law is clear, but the Board continues to stall.