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Reston board adds RELAC item and sends legal question to executive session
Summary
The Reston Association board inserted a Relac discussion into tonight’s agenda and voted to consult counsel in executive session after a motion to declare a covenant provision ineffective if no operator comes forward; staff will notify members if the board pursues a December finding.
The Reston Association Board of Directors voted on Nov. 13 to add a discussion about the future of the RELAC central air-conditioning system to the agenda and moved into executive session for legal advice about the issue.
Director Fleischman said the board should “notify its intention, barring any change in circumstances, to make a finding at its December meeting” that the current owner of the RELAC system has said it will stop operating the system and that no realistic proposal has been submitted to take over operation under the system’s State Corporation Commission license. The proposed finding would, if adopted next month, affect a Reston governance provision that currently prohibits individual air-conditioning units where central service exists.
Director Dushyuk asked staff to ensure members are notified about the board’s intent and afforded an opportunity to comment if the board moves forward. CEO Mac Cummins confirmed staff would prepare communications if the board’s motion advanced.
After debate about timing and legal implications, the board voted unanimously to go into executive session for counsel to advise on the matter. President Johnson said the executive session would be limited to “those member matters appropriate for executive session, involving consultation with counsel.”
The motion itself was left pending while the board sought legal guidance in closed session; upon returning to open session the chair announced the certification that only appropriate matters were discussed. The board directed staff to prepare to bring any formal finding to the December meeting for a final vote and to circulate information to the membership if a formal action is scheduled.
The matter references the association’s governing documents and the State Corporation Commission license requirements that frame who may legally operate such a system. The board did not adopt a final substantive decision in open session on Nov. 13; rather, it requested counsel’s advice and authorized staff notification should the board’s proposed December action proceed.
