| HOA Blog : Board Process |
Board meetings should be conducted in a professional environment, and in a manner which inspires the confidence of the members in attendance. Alcohol usage during the meeting does not enhance that.
Furthermore, directors are normally protected by the business judgment rule, which affords them immunity so long as they exercise reasonable business judgment, good faith, and reasonable inquiry. Research as I like, I was unable to find any support for an “impaired business judgment rule.” Seriously, if someone is using a judgment-impairing substance, it is going to be difficult to establish the reasonableness of that judgment.
If a board starts drinking as soon as closed session starts, I am particularly concerned. Executive session is where the most serious concerns are addressed – contract negotiations, member discipline, personnel, and lawsuit issues. If ever there a serious part of the board meeting, that would be it. Unless the board is willing to disclose in the minutes that they are drinking during that part of the meeting, the party should wait until adjournment.
“G.U.I.”, or Governing Under the Influence, is always a bad idea. Wait for the adult beverage until adjournment – then pop the corks.
Drinking alcohol, while perhaps making the meeting more pleasant for the directors, is a bad idea.