Question:
Can an HOA board meet on its own, outside of a public HOA meeting, to vote on the removal of an office staff member? If so, mustn’t they inform the public of its vote?
– Carol
Answer:
Hi Carol,
Yes, the Colorado Common Interest Ownership Act does allow the HOA board to meet in executive session, which is a closed-door session that can be limited only to members of the board. According to § 38-33.3-308:
“(3) The members of the executive board or any committee thereof may hold an executive or closed door session and may restrict attendance to executive board members and such other persons requested by the executive board during a regular or specially announced meeting or a part thereof. The matters to be discussed at such an executive session shall include only matters enumerated in paragraphs (a) to (f) of subsection (4) of this section.
(4) Matters for discussion by an executive or closed session are limited to:
(a) Matters pertaining to employees of the association or the managing agent’s contract or involving the employment, promotion, discipline, or dismissal of an officer, agent, or employee of the association;
(b) Consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client;
(c) Investigative proceedings concerning possible or actual criminal misconduct;
(d) Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure;
(e) Any matter the disclosure of which would constitute an unwarranted invasion of individual privacy;
(f) Review of or discussion relating to any written or oral communication from legal counsel.”
In your case, the removal of an employee falls under (4)(a).
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
