HOA Board Conflict Series (Pt. 2): Executive Session and Board Dynamics

James McCormick Jr CCAL
Delphi Law Group
Ep.
88

How HOA Boards Can Handle Conflict Without Breaking Down

Every board experiences disagreement.

But when conflict is handled poorly, it can paralyze decision making and damage trust within a community.

In Episode 88 of The Uncommon Area, Matthew Holbrook continues his conversation with HOA attorney James McCormick of Delphi Law Group to explore what happens when conflict escalates inside the boardroom and how boards can navigate it productively.

One of the key tools available to boards is something many homeowners misunderstand: executive session.

What Executive Session Is Really For

Executive session allows HOA boards to discuss sensitive matters privately.

These discussions are not meant to hide information from homeowners. Instead, they exist to protect legal, financial, and personal confidentiality.

Typical executive session topics include:

• Legal issues involving the association
• Collections and delinquent accounts
• Member discipline and rule violations
• Personnel matters involving employees
• Foreclosure discussions
• Formation of contracts
• Reviewing homeowner payment plans

These topics often involve personal information, legal risk, or negotiations that require privacy.

Because of that, executive sessions are a critical governance tool for HOA boards.

Why Board Conflict Still Happens

Even with clear procedures, board conflict can still occur.

Sometimes it happens because board members feel strongly about protecting their community. Other times it stems from personality differences or communication breakdowns.

McCormick emphasizes that disagreement itself is not the problem.

The problem is when trust erodes between board members.

Without trust, discussions become defensive, decisions become political, and progress slows down.

Lessons from Leadership Research

The episode also draws insight from the leadership book The Five Dysfunctions of a Team by Patrick Lencioni.

The book outlines a common pattern in struggling teams:

  1. Absence of trust
  2. Fear of conflict
  3. Lack of commitment
  4. Avoidance of accountability
  5. Inattention to results

When boards fall into this pattern, meetings become unproductive and decisions stall.

But when trust exists, conflict can actually be healthy.

Board members can challenge ideas, debate solutions, and ultimately reach better decisions.

The Role of Executive Session in Healthy Governance

Executive session plays a key role in maintaining trust and professionalism within boards.

It provides a structured environment where difficult topics can be discussed appropriately.

Without that structure, sensitive issues may spill into open meetings in ways that create unnecessary tension or legal exposure.

Understanding when and how to use executive session helps boards protect the association while maintaining transparency with homeowners.

Conflict Is Not Always a Bad Thing

One of the most valuable insights from this conversation is that disagreement itself is not the enemy.

Healthy debate can lead to stronger decisions.

The key is ensuring that boards maintain respect, follow proper procedures, and focus on the interests of the community as a whole.

When those principles guide the conversation, even difficult discussions can lead to better outcomes.

Resources

Connect with James McCormick

Read The Five Dysfunctions of a Team

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