[WSBARP] privilege?

[Rob Wilson-Hoss]

It is if they addressed anything that carries a statutory or common law
privilege. 

 

There is a difference between the reason they can go into executive session,
and what they have to disclose about the executive session afterwards. If
there is no common law or other privilege, well, the next question is, are
there any records involved? If there are records involved, then the
appropriate nonprofit and owner association statutes deal with them, and
they are likely going to have to make them available. But if there are no
records involved, then there is no statute or case law that I know of that
says, absent a lawsuit and a deposition or other discovery, or testimony
under oath, any Board Director has to tell anyone anything that happened.
But this may become a political question, not a matter of legal rights. 

 

Two thoughts: First, I often tell my clients to not make records, tape
recordings, or anything that needs to be turned over when they are in exec
session without a lawyer. Second, I tend to like transparency in all owner
association things, so my bias is, unless there is a really good reason to
protect information, then just consider that the entire membership owns that
information and they are entitled to it. This avoids turning a controversy
into the issue of secrecy, as opposed to the original substantive issue.
Again, politics. 

 

Rob 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Thomas
Sent: Tuesday, October 31, 2017 3:53 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] privilege?

 

HOA conducts meeting, goes into executive session and excludes from the room
anyone not sitting on the board of directors.  No attorney is present.
Privileged?

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