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Category: Real Estate Law
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Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Under Ohio Condo Law, Can Board of Directors make secret

Customer Question

Under Ohio Condo Law, Can Board of Directors make secret decisions in Executive Session?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

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A Board of Directors can only use "closed session" to make decisions concerning very specific matters (primarily anticipated or active litigation, or personnel disciplinary matters (if your CID has employees or staff working directly for the Association), and to a lesser extent, to consider bids for services where receiving closed bids can be shown to help the Association enhance their bargaining position with multiple offers, such as in construction matters).

Even though the Board can act in closed session for these limited purposes, the Board must post the nature of the discussions as they would for regular "open session" board meetings (This can be as generic as "Discussion of pending litigation" or more specific as in "Considering bid proposals for new roof").

Once the need for confidentiality has passed, these negotiations are open to the general membership as much as possible. The litigation matters are generally limited to the outcome, and perhaps the general issues considered in reaching the outcome); for personnel matters, these are generally not released as there are employment law considerations at issue, and the CID does not want to expose itself to additional liability through excess disclosure; but, for the negotiations or bid considerations, most Associations try to make these bids open to the members after a winning bid is selected, the one caveat is that some contractors will only submit blind bids if there is a confidentiality clause so the disclosure may be limited to the general information as opposed to a disclosure of all of the documentation read by the board).

But by and large, your Board should be considering most of its business in open session.

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