Wednesday, April 23, 2014

Cardinal Management has failed to keep proper minutes of executive sessions

The minutes of the February 20, 2014 Board meeting state neither the "purpose for the executive session" nor the "vote on such contract, motion or other action”.

The Condominium Act § 55-79.75.C states:
The executive organ or any subcommittee or other committee thereof may convene in 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.
The purpose for the executive session must be only that which is permitted under § 55-79.75.C. It does not permit an executive session merely to discuss a complaint unless it is to “consult with legal counsel”.

This is a continuing issue. It was presented during the 2008 Annual Meeting of the Association and by letter on April 22, 2008 to the Association's attorney David S. Mercer.

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