Communities

Meetings & governance

HOA Executive Session Notice Template

Most state HOA acts allow boards to retreat into executive session for narrowly defined categories — pending litigation, personnel matters, contracts under negotiation, owner disciplinary hearings. Many of those statutes also require the board to give advance notice that an executive session will occur and to identify the general subject category.

Customise for your HOA in one click.

Create a free workspace, upload your governing documents, and we fill [HOA NAME], the cited section number, the cure window, and the hearing-rights language straight from your CC&Rs and Bylaws.

Sign up free to customiseFree under 250 homes · 30 seconds

When to use

Use this notice ahead of any meeting where the Board intends to meet in executive session, in jurisdictions where advance notice of executive session is required (California, Texas, Florida, Colorado, and many others). Even in states where it isn't strictly required, providing advance notice is the cleanest practice — it removes the post-hoc 'what were they hiding' challenge.

How to use this template

  1. 1

    Identify the general category of matter to be discussed (litigation, personnel, contracts, member discipline) without disclosing the underlying confidential details.

  2. 2

    Specify whether the executive session is open-meeting-statute compliant in your jurisdiction. If not — for example if the matter doesn't fall within an enumerated statutory category — the meeting must be open.

  3. 3

    Include the time the executive session is expected to convene and reconvene in open session.

  4. 4

    If the executive session relates to a specific owner (disciplinary hearing or pending litigation involving an owner), the affected owner is typically entitled to additional procedural rights — see the Hearing Notice template.

  5. 5

    Record the executive session in the regular meeting minutes by category only. Do not transcribe the substantive discussion.

The template

[HOA NAME]
NOTICE OF MEETING WITH EXECUTIVE SESSION

[DATE]

To:    All members of [HOA NAME]
From:  Board of Directors
Re:    [REGULAR / SPECIAL] Board Meeting on [MEETING DATE]

────────────────────────────────────────────────────────

NOTICE is hereby given that the Board of Directors of [HOA NAME] will
hold a [regular / special] meeting on:

  Date:     [MEETING DATE]
  Time:     [START TIME]
  Location: [PHYSICAL ADDRESS or video conference URL]

────────────────────────────────────────────────────────

EXECUTIVE SESSION

In accordance with [BYLAWS SECTION REF / applicable state statute, e.g.,
"Civil Code §4935(a)" for California Davis-Stirling], the Board will
convene in executive session, closed to non-board members, during a
portion of the meeting to discuss the following matter[s]:

  [GENERAL SUBJECT CATEGORY — choose one or more, do not disclose
  confidential details:]

    □ Pending or anticipated litigation
    □ Matters relating to formation of contracts with third parties
    □ Member discipline (including violation hearings at the affected
      owner's request)
    □ Personnel matters
    □ Matters that, if disclosed, would impair the privacy or
      confidentiality of an individual member of the Association
    □ [OTHER STATUTORILY PERMITTED CATEGORY]

The executive session is anticipated to convene at approximately
[EXECUTIVE SESSION START TIME] and reconvene in open session at
approximately [REOPEN TIME], at which point the open agenda will
resume.

[If applicable: The matter to be discussed in executive session
involves [OWNER NAME] of [PROPERTY ADDRESS], and that owner has been
separately notified under [BYLAWS SECTION REF].]

────────────────────────────────────────────────────────

OPEN SESSION AGENDA

[Insert the open agenda as you would on a regular meeting agenda —
call to order, prior minutes, officer reports, old business, new
business, owner forum, adjournment.]

────────────────────────────────────────────────────────

OWNER ATTENDANCE

All members in good standing are welcome to attend the open session.
Members may not attend the executive session except as required by
law (for example, the affected owner at a disciplinary hearing).

For accommodations, contact [HOA CONTACT] at [HOA EMAIL] no later
than [RSVP DEADLINE].

────────────────────────────────────────────────────────

By order of the Board,

[SECRETARY NAME]
Secretary, Board of Directors
[HOA NAME]

Date posted: [POSTING DATE]
Posted at:   [Community bulletin board / community portal / mailed to
             owners — list every method used, dated.]

Review with counsel before sending. Several state HOA acts (Davis-Stirling §4935, Texas Property Code §209.0051, Colorado CCIOA §38-33.3-308, Florida 720.303) prescribe both the categories that may be discussed in executive session and the form of advance notice required. Discussing matters outside the permitted categories in closed session can void any action taken and create personal liability for directors.

Templates are generic. Your community isn’t.

Get this letter with your section cites filled in.

Upload your CC&Rs and Bylaws once — then ask the bylaw concierge for the exact section reference, cure window, or hearing right that should appear here. Free under 250 homes.

Run an HOA? Free for boards under 250 homes.

Ask unlimited bylaw questions with citations back to the exact section and page in your governing documents.

Get started