Litigation – Attorney Client Privilege
be a party to pending litigation (§ 54956.9(a))
or expect, based on certain specified facts, to be sued (§§ 54956.9(b)(1),(b)(2))
or expect to file suit itself (§ 54956.9(c)) Brown Act Pocket Guide
Members have an interest in knowing about litigation involving their association and boards should keep them informed.
See page 14 of Open Meeting Act by Curtis Sproul Esq.
Davis-Stirling.com on Attorney Client Privilege
Law Seminar Michael Karpoff Esq 30 pages
Noted in Open Meeting Minutes.
Even though members do not have the right to attend executive sessions, boards must keep members informed about the general nature of the business conducted in their executive sessions. The minutes of the next open board meeting must generally reflect the board’s executive session:
Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. (Civ. Code §4935(e).)
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Decision Making Outside of Board Meetings
Summary of Open Meeting Act 4900 - 4950
by Curtis Sproul Esq 
Are all conversation that take place in Executive Session while the Association Attorney is present considered confidential?
Examples:
We discuss Robert’s Rules of order, http://www.robertsrules.com/ and what is means that they are named in our By-Laws as our officially adopted Parliamentary Rules. The attorney gives his opinion to various individuals on this and that having to do with Parliamentary Procedure.
A discussion takes place that has nothing to do with litigation, is not “legal advice” for association business, and is does not fall under any of the authorized topics listed in Ca Civil Code 4935.
Do the “protections” of Attorney-Client privilege extend to such discussions?
It seems like it should not, but I’m not sure, so that’s why I’m asking you 🙂
I’m not qualified to answer your question. The examples you are giving sound like something one can get at any seminar on Condo Management
https://www.davis-stirling.com/Seminars
Broward County
Cummings Management
or any just many of the video’s on this website. Informational ONLY, not advise and not prejudicial to litigation.
Yeah, maybe they are simply discussing where is a good place to get pizza?