What is an Executive Session?

 On July 1, 2025 the Board of Directors of The Summit's HOA held what it called an "executive session" prior to the start of the Regular Monthly Meeting of the Board at 6:30PM. It appointed two homeowners to the Board (succeeding Ciara Bates and LaToya Adams, both of whom resigned in May) and then elected the two new Directors as Secretary and Treasurer.

The "executive session" was not a legitimate executive session, and the appointments and election were not valid.

Here is the Google AI Overview for the query "permitted actions under S.C. executive session rules":


In South Carolina, executive sessions are limited closed-door meetings of public bodies. Actions that are permitted during an executive session are restricted by the South Carolina Freedom of Information Act (FOIA), Section 30-4-70. 
Here's a breakdown of permitted actions:
1. Specific purposes for discussion
Executive sessions are permitted for discussions on specific matters, including:
  • Personnel Matters: Employment, appointment, compensation, promotion, demotion, discipline, or release of individuals.
  • Contractual & Legal Matters: Proposed contractual arrangements, property sales/purchases, legal advice, settling legal claims, and adversary situations.
  • Security: Development of security personnel or devices.
  • Investigative & Criminal Conduct: Investigative proceedings or allegations of criminal misconduct.
  • Economic Development: Encouraging location or expansion of industries or businesses. 
2. Actions permitted during executive session
During an executive session, permitted actions are limited to:
  • Discussion: Discussing the specific topic announced as the reason for the session.
  • Adjournment: Voting to adjourn the meeting.
  • Return to public session: Voting to return to public session. 
3. Actions not permitted during executive session
The following actions are not permitted during executive session:
  • Formal Action or Voting: Votes and informal polling are prohibited. Voting must occur in an open session with proper agenda notice.
  • Committing to a Course of Action: Members cannot commit the public body to a course of action.
  • Disclosure of Information: Attendees are prohibited from disclosing matters discussed.
  • Recording: Recording devices are not allowed.
  • Electronic Communications: Electronic communications regarding board matters should be avoided. 
Important Note: Executive sessions should be used sparingly and only when necessary for the public good, as outlined by the South Carolina FOIA. A motion to enter executive session must be voted on in an open session, and the specific purpose must be announced clearly. Misuse of executive sessions violates state law and may result in penalties.

Comments

Post a Comment

Popular posts from this blog

June 3rd BOD Meeting now Closed to Members

The HOA office sent out an email at 3:29PM that read, in part, Due to Brookland Baptist Church being unavailable to accommodate the scheduled Board of Directors meeting on June 3rd, the meeting will now be held at the Summit Association office. Please note that space is limited at this location; therefore, only Voting Members and Committee Chairs will be invited to attend in person. One would think they would splash a message on the homepage of the HOA's website and change the location in the Calendar on the website; but No to both.  This last-minute change is highly adverse to the interests of the Members of the Association. The HOA must have some deal with Brookland Baptist Church Northeast for the rental of the meeting room. The dates must be arranged for the year. The HOA makes a "donation" to the Church for the use of the room. It's actually not a "donation", because the HOA receives something of value in exchange; i.e., the use of the meeting room.  Wh...
Read more

What? No trampolines?

OK, you trampoline fans. Are your rights and privileges being tramped on by your Board of Directors? The office sent out an email just before 2:00PM threatening you with a dreaded violation notice and the possibility of fines, if you dare to put a trampoline in your yard.  This is what the email from the office said,  " Please be advised that, pursuant to Section 13, Page 22, Article XII of the covenants, no structure of a temporary nature shall be placed upon any unit or any part of the properties. This includes, but is not limited to, tents, temporary gazebos, shacks, trailers, and any other structure of a temporary nature.  "Kindly note that trampolines are classified as temporary play equipment and, as such, are not permitted within the community. We ask that you ensure there is no trampoline present on your property to avoid receiving a violation notice and subsequent fines." What do the Covenants say? "Section 13. Tents. Trailers and Temporary Structures. Exce...
Read more

What Story Do the Financials Tell?

At the May 6, 2025 Board of Directors meeting, the March Financial Operating Results were available. Did you pick up a copy? Was there any discussion of them? Usually there is not. Do board members examine them before the meeting? Does anyone on the Board really understand them?  Look at the page for the Operating Expenses - Variances. Twelve Line Items are shown. No totals are shown. Big mistake. But are the totals intentionally omitted? For these 12 Items the total of "YTD Variances" is $61,784.93. As of the end of March, the HOA has over-spent the 2025 Budget by $61,784.93. Look at the reason given for the over-spending in Line Item GL-5111 Irrigation Contract. "This is over budget and will remain over budget due to the 2025 budget is $75,000 and the monthly contracted cost is $10,140." Is this worded to intentionally confuse any reader by stating the annual amount in the budget, but the monthly amount for the contracted cost? If the yearly contract for Irrigat...
Read more