EMERGENCY EXECUTIVE SESSION

The following article posted by Joe Bower, SC Owner & SOA Member:

What’s up Doc? Who knows? Something going on related to the private Somersett Golf and Country Club?

Homeowner associations are corporations. The homeowners/unit owners are the members of the corporation. The thrust of Chapter 116 of the Nevada Civil Code aka Nevada Revised Statues (NRS) which governs associations is to have business of the corporation conducted as openly as possible. Accordingly, most association business is conducted at open session board meetings to which members may attend.

NRS 116.31085 permits some association business to be conducted behind closed doors, i.e. in executive sessions, due to its sensitivity and to protect the individual privacy of association members. Routine executive sessions are held every month. Emergency executive sessions are seldom held.

To paraphrase NRS 116.31085 the ONLY topics allowed for executive sessions are:

(a) Consult with the attorney for the association on matters relating to proposed or pending litigation;

(b) Discuss the character, alleged misconduct, professional competence, or physical or mental health of a community manager or an employee of the association;

(c) Discuss a violation of the governing documents, including without limitation, the failure to pay an assessment;

(d) Discuss the alleged failure of a unit’s owner to adhere to certain schedules relating to the design, construction, occupancy or use of a unit or its improvement;

(e) Hold a hearing on an alleged violation of the governing documents unless the person who may be sanctioned for the alleged violation requests in writing that an open hearing be conducted.

Which of these would any private golf club matter fit into. Maybe (a) or (c)???

Any matter discussed in executive session must be generally noted in the minutes of the open session. That means the topic excluding any names and addresses of persons involved. So Doc, we’ll wait and see.

SU Editorial Note: Mr. Bower seems to believe that the emergency session may relate to a Somersett Golf & Country Club issue. However, SU has no information in this regard. Perhaps something related to the Rockery Wall lawsuit, where motions by both plaintiffs and defendants for summary judgments have been recently filed with the Court.  Since the meeting announcement did not address any subject matter, only time will tell!