Civil Code §4935
(a) The board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to
• the formation of contracts with third parties
• member discipline,
• personnel matters,
• or to meet with a member, upon the member’s request, regarding the member’s payment of assessments, as specified in Section 5665. [Old: Civ. Code §1363.05(b)]
(b) The board shall adjourn to, or meet solely in, executive session to discuss member discipline, if requested by the member who is the subject of the discussion. That member shall be entitled to attend the executive session. [Old: Civ. Code §1363.05(b)]
(c) The board shall adjourn to, or meet solely in, executive session to discuss a payment plan pursuant to Section 5665. [Old: Civ. Code §1363.05(b)]
(d) The board shall adjourn to, or meet solely in, executive session to decide whether to foreclose on a lien pursuant to subdivision (b) of Section 5705. [Old: Civ. Code §1367.4(c)(2)]
(e) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. [Old: Civ. Code §1363.05(c)]
This is what Edgewater Isle hid under "executive session"
September 15, 2003
Page 2
Grounds and Landscape: As Kelly McGuirk* was absent from the meeting, she will be asked to bring the board up to date on the status of the landscape policy.
There being no further business to come before the Board and upon motion duly made, seconded and unanimously carried, the meeting was adjourned at 8:37 P.M. An Executive Session was held to discuss delinquent accounts, resolution of the landscape issue around the area of 1670 Via Laguna and the completion of Building 18.
So where does landscaping planning fit in here?
ANSWER: It doesn't. The board of directors at Edgewater Isle allowed homeowner Kelly McGuirk to plant the lawn and bill the Association for it. The Association lied that this homeowner reimbursed the Association: Requests demanding such documentation were ignored despite repeated requests for such documentation.
Edgewater Isle North Homeowners Association board of directors LIED to all homeowners and violated their fiduciary duty.
Contact