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There is a Time and PLACE for Everything

By Melissa Volet on October 16, 2008
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If the Governing Documents of a Condominium Association provide that the powers and duties of such Association are to be exercised through a Board of Directors/Trustees, elected by the Association’s membership, then all meetings of that Board (except conferences or work sessions where no votes are taken), shall be open to the Association’s membership. However, Boards may restrict attendance of the membership at meetings, at which certain topics are discussed. Indeed, an open meeting is not the “PLACE” to discuss the following topics:
 

P– Privacy: any matter that, if disclosed, would constitute an unwarranted invasion of individual privacy;

L-Litigation and Contract Negotiations: any pending or anticipated litigation, or contract negotiation;

A-C– Attorney Client Privilege: any topic that falls under an attorney client privilege, to the extent that confidentiality is required in order for an attorney to exercise his duties as a lawyer to the Association;

E-Employment: Any matter involving the employment, discipline, dismissal or promotion of an officer or employee of the Association.
 

The PLACE for discussion of any of the above topics is a meeting where attendance is restricted to Board members. 5:20(1.1).

Photo of Melissa Volet Melissa Volet

Melissa A. Volet is a member of Stark & Stark’s Community Associations Group since 2005. The practice is focused on drafting service contracts, drafting resolutions and amendments, rule and regulation creation and enforcement, complex collection matters, litigation, and developer transition.

Read more about Melissa VoletEmail
  • Posted in:
    Real Estate & Construction
  • Blog:
    New Jersey Law Blog
  • Organization:
    Stark & Stark
  • Article: View Original Source

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