Most association boards are aware that they can convene into an executive session to decide certain ‘confidential’ or ‘sensitive’ matters. An executive session simply means that the board is meeting privately for a period of time in the absence of other non-board member owners. Since Colorado law favors transparency and openness of discussing association related matters, CCIOA sets forth very specific, limited examples of matters that can be properly addressed in executive sessions. Prior to entering into an executive session, the board chair should announce the general nature of the discussion.
The exhaustive list of matters that can be discussed in executive session are:
If a particular topic is not covered in one of the six items above, then it must be discussed in an open meeting. If you have any doubt whether a particular agenda item falls within an exception, I recommend that you speak with your legal counsel prior to the commencement of the meeting.
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