“Parking and storage” and “executive session”

[At the actual Board meeting discussed below, our President recommended, and the Board approved, that the "Parking and storage" topic be discussed in open session rather than in "executive session". I heartily approve of this decision. I am still going to leave this post up, because I believe it addresses an important issue regarding how our Board should conduct its deliberations.]

The agenda for the Board of Directors meeting this Thursday, 24 April 08, includes a topic entitled “Parking and storage” and, unfortunately in my view, shows that the Board is to discuss this topic in “executive session” (meaning that unit owners not on the Board aren’t allowed to be present during that discussion). I think that exclusion of us unit owners isn’t in our best interests. You might find the below emails between our Association president and me to be of interest. Some of this reminds me of related matters I discussed in recent posts on this blog.


Mike:

I appreciate your response.

That paragraph C of http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-79.75 allows a topic to be considered in executive session only if the topic can reasonably be construed to fall within one of the specific exemptions stated in the first sentence of paragraph C. From what Sue told me Friday and what you say in your below email, I don't see how this "parking and storage" topic could be reasonably so construed.

But even if you can get a legal opinion that supports your initial decision to put the topic in executive session, I still question how putting the topic in executive session is of net benefit to the unit owners. Why shouldn't our unit owners be allowed to know all the factors the Board considered in coming up with pricing, method of sale, accounting decisions, etc.? So, unless you have a topic that clearly MUST be considered only in executive session to comply with the law, I believe the Board best serves the unit owners by considering topics such as this in open session, NOT in executive session. To do otherwise, will, in my opinion, open up the Board to having its motives called into question.

Regards,
Paul


Paul:

I received your voice mail. I had agenda item Parking and Storage placed in Executive Session as I propose to discuss their value to the Association; a price, based on fair market value, that we would offer them to the owners for purchase; a fair method of sale so that each owner has equal opportunity for purchase; and, how to categorize the monies received. I interpret Section 55-79.75.C to include this. However, I’ve asked for an interpretation from Legal Counsel and will make a motion to amend the agenda to place Parking and Storage in General Session should Counsel’s interpretation indicate that this is not an Executive Session topic.

As I’ve stated to you before, my intention is to conduct business legal within the confines of the Condominium Act and our Bylaws.

Mike