As of January 1, 2012, California law requires that a homeowners association notify its members two days prior to the Board of Directors meeting in executive session, despite the fact that only Board members may attend executive session meetings. Executive session meetings are held solely to discuss sensitive matters including litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or a member's payment of assessments.

You have recently received correspondence indicating that the Board and the Association’s legal counsel are in negotiations with Coast in an attempt to avoid litigation regarding the Parking Agreement and the parking space rates. Because the negotiations require consideration by the Board, the Board must meet in executive session to discuss offers, strategy, attorney advice, etc.

Unfortunately, because of the time constraints involved in this particular matter, the executive session meetings must be called on an urgent basis. The law provides that prior notice of the executive session meetings need not be given if an emergency situation exists. An emergency situation exists if there are "circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice."

As a result, this notice is being posted in an attempt to comply with the law and inform the members that the Board anticipates meeting on an emergency basis many times over the next several weeks to discuss the Coast dispute in executive session. Again, the law does not permit non-Director members to attend executive session meetings. We simply wish to make you aware of the fact that the Board is working hard to resolve the dispute and will be unable to post prior notice of each executive session meeting because of the urgency involved in this matter.