Allowing a member to choose executive session does not preclude the board from choosing it as well. So as to minimize potential claims for defamation, intentional infliction of emotional distress, negligent infliction of emotional distress, etc., hearings should always be held in
executive session.
Civil Code §1363(g);
Civil Code §1363.05(b). Accordingly, a homeowner can request or even demand that the hearing be held in open session but the board can politely refuse and hold it in executive session.