A PLACE TO BE

A PLACE TO BE

Wednesday, July 30, 2014

Executive Meeting Clarity

Let me make a few things very clear. One , there has been specific Executive Meetings rules being consistently ignored by our Board. Second, I am in no way saying that the Directors have knowingly seek to break these rules, but
documentation has shown that the Board has discussed various issues under the guise of legal matters while a Condominium Act Statute, a Texas law, clearly states that only pending litigations are allowed discussions.
The Board seems oblivious to the fact that
the same Condominium Act Statute demands they must announce the general nature of business of what they will be discussing within their Executive Session.
These Executive Meetings procedures are found in the Declaration, the Bylaws, and in the Statues of the Texas Condominium Act. They are quite unambiguous.
So let's go right down the line. First off, LIV’s DECLARATION OF COVENANTS, ARTICLE XIII Section L states that the Condominium Act of the State of Texas shall be in full force and effect.
Second, Statue 82.108 Section (b) of the Condominium Act specifically explains the six categories that are allowed discussion within an Executive Meeting and I read that pending litigation as the lone legal category expressed. So, can someone make the argument that legal matters are to be found in the five other categories which are personnel, contract negotiations, enforcement actions, matters involving the invasion of privacy of individual unit owners, or matters that are to remain confidential by request of the affected parties? The answer is "yes", but this same Statute clearly demands that the general nature of business of all discussions within these allowable categories must first be announced in an open meeting. That means that if the category is a legal matter regarding contract negotiations, the owners have the legal right to know that the Board will be discussing within that Executive Meeting a category of contract negotiations and that the general nature of business is legal matters and this is not being done. Instead owners get what, legal matters (discussion and action), which basically keeps the category and the nature of business being discussed a secret.
It also seems that the Roberts Rules have added some confusion among some owners on procedure, so here’s a bit more clarity.
BYLAW ARTICLE XV (PARLIAMENTARY RULES) and I quote, “Roberts Rules of Order (latest edition) shall govern the conduct of the Association meetings “when not in conflict” with the Condominium Act, March 2005 Restated Declaration or these March 2005 Restated Bylaws”. 
I am an owner here and a member of this Association and agree with other owners that the Board of Directors should set the example at obeying the rules. If I am wrong on any of the above, please let me know and I will apologize, but back your feedback with verifiable facts.
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