Board Member is a cross country truck driver

Started by FlorenceG1 • 2 replies • 1683 views

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FlorenceG1
Posts: 5

Posted:

One of our Board Members is alway on the hiway when we have our meetgs. She is considered present as she is on a cell phone, is this acceptable? Other members don't think this is OK/ Please let us know for sure.

GlenL
Posts: 5,429

Posted:

Corporations Code §7211. Board Meetings; Notice; Quorum; Consent to Act Without Meeting.

(6) Members of the board may participate in a meeting through use of conference telephone, electronic video screen communication, or electronic transmission by and to the corporation (Sections 20 and 21). Participation in a meeting through use of conference telephone or electronic video screen communication pursuant to this subdivision constitutes presence in person at that meeting as long as all members participating in the meeting are able to hear one another. Participation in a meeting through use of electronic transmission by and to the corporation, other than conference telephone and electronic video screen communication, pursuant to this subdivision constitutes presence in person at that meeting if both of the following apply:

(A) Each member participating in the meeting can communicate with all of the other members concurrently.

(B) Each member is provided the means of participating in all matters before the board, including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by the corporation.

MaryA1
Posts: 6,993

Posted:

Florence,

Our treasurer now lives out of state but we have a apeaker phone hook-up so she can access our monthly board meetings (she still owns her home in our HOA). As long as all members present (both board members and assn members) can hear her speak we are incompliance with St. open meeting laws. The board may want to set up a speaker phone hookup for this board member, otherwise you may be in violation of the CA open meeting requirements. Otherwise I see nothing wrong with this.

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