Working Sessions: How Boards Can Tackle Complex Issues
Working sessions can be one of the most useful tools in a community association board’s toolbox. They’re also one of the most misunderstood.
These informal gatherings give boards time to dig into complex issues before making decisions in an official meeting. But when they aren’t handled carefully, working sessions also can raise questions about transparency and owner access. Understanding when these sessions make sense, how they differ from regular board meetings, and what pitfalls to avoid can help boards use them effectively.
In simple terms, working sessions are informal gatherings where various projects and issues are discussed. They are a way to prepare to make formal decisions on topics at the next official board meeting.
These kinds of meetings may go by different names depending on state or region of the country. Boards may be required to follow state laws and requirements in the association’s governing documents.
In states where open meeting laws apply, boards should be careful about how they call working sessions, what can be done during them, whether decisions are made, and how they are documented.
Working sessions are different than regular board meetings and may follow different protocols and parameters. Prior to scheduling a working session, a board should consult with legal counsel and management to determine whether state laws or governing documents contain specific requirements or prohibitions.
In general, working sessions are held to discuss complicated issues that require more time to digest than regular board meetings. Topics could include budget planning, reviewing complex contract bids, or strategic planning. Their primary focus are understanding issues as opposed to acting or making decisions.
If your state’s laws and association governing documents are silent on working sessions, consider these aspects:
Many states require meetings of boards to be open to homeowners.
If homeowners request information about the next scheduled working session, you may be required to provide it so they can attend.
Minutes are typically required to be taken during board meetings. Because decisions should not be made during working sessions, minutes are likely not required.
Even if advanced notice isn’t required, it’s a good idea to put the dates and topics of working sessions on the monthly agenda. Make it clear the board is not avoiding notice or acting secretly.
Working sessions can carry a stigma of secrecy for homeowners. To avoid this negative perception, the board can create a policy specifying guidelines for working sessions. Such policies delineate under what circumstances the board will hold the sessions, the process for calling and conducting them, and whether or how homeowners will be notified.
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Elina Gilbert, a fellow in CAI’s College of Community Association Lawyers, is with Altitude Community Law in Lakewood, Colo.