Definition of an emergency

Started by BethJ2 • 18 replies • 2488 views

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BethJ2 (California)
Posts: 62

Posted:

Some of my board member's opinions about what constitutes an emergency repair dramatically differs from what I would consider an emergency. This stems from our clamping down on making decisions between meetings via email. Now suddenly everything seems to be an emergency.

I've searched extensively, but can't find much written on the topic as to what is an emergency, what is routine, and what is an administrative decision.

By definition:

e·mer·gen·cy
1. a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action.

Has anyone written up guidelines about this?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Beth,

The old saying "what constitutes an emergency on your part does not constitute an emergency on my part" came to mind when I read your post.

As my saying demonstrates, emergencies are based a lot on perception. If your Air Conditioning goes out, it might be an emergency to you. However, to your neighbor or repair company, it isn't.

Personally, I would see an issue as an emergency where if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board. However, my Association does not have any guidelines specifying what is or isn't an emergency.

Tim

FredS7 (Arizona)
Posts: 927

Posted:

If you can't do business by email, and you don't have any other provision for decisions, then anything that can't wait for the next meeting is an emergency. Right?

VickiC1 (Texas)
Posts: 36

Posted:

My HOA board (DFW area of TX) called an "emergency" board meeting this past Sunday and carried out a vote to elect new board members after they had previously sent out a newsletter giving list of some people running for the board but also stating that new nominees could submit their names ny certain date and another notice with all nominees would be sent out to all HOA members July 8--

that voting by mail/proxy would be open until July 18 and that on July 20 a meeting would be held to count the mail/proxy votes and allow anyone to vote who had not done so at that time---
then all votes would be tallied (in OPEN meeting) and the new board announced and installed...

Instead they called an "emergency meeting" announced ONLY to the HOA current board (and a few of their friends in the neighborhood) and counted votes already submitted via mail/proxy--and they voted--but there were many HOA members who were not allowed to cast a vote--including the vote my husband and I have--

So yes--can someone explain how that meeting was an emergency which superseeded the scheduled open meeting to complete the HOA vote?

My board can't seem to explain that--

LawrenceC1 (Georgia)
Posts: 480

Posted:

Beth,

Here's a phrase from our Bylaws that may apply. In the section titled "Action Without a Formal Meeting" it says:

"An action of an urgent nature, where taking the time for formal notice would jeopardize the health, safety, or property of the Association or its members, may be taken by the board without a meeting if all members of the board shall individually consent in writing to that action. The action by written consent shall have the same force and effect as a unanimous vote of the directors. The signed record of actions taken without a formal meeting must be filed with the corporate records no later than fourteen (14) days after the board has taken such an action."

Here emergency action must be in response to something that jeopardizes health safety or property. It also helps limit such actions by requiring that each one is unanimous, and noted in the corporate records for examination by the membership -- nothing can be done simply by e-mail that no one sees.

JoeyS
Posts: 2

Posted:

SPAM POST REMOVED

GlenL (Ohio)
Posts: 5,491

Posted:

Yes just what people need when they're in trouble, to take out a payday loan whose usury fees would embarrass a loan shark. Especially a company desperate enough for business that they would dig up a year old thread to SPAM, ignoring the posting rules and common courtesy, all to make a buck. That is if they are indeed a legitimate company and not some a**hole trolling for personal information to steal someone's identity.

Studies show that 5 out of 4 people have problems with fractions

LarryB13 (Arizona)
Posts: 4,099

Posted:

The big scam right now is that anyone who submitted their information to a payday loans website will soon get a telephone call from someone with a very Anglo-sounding name with a very East Indian accent. Whether the person obtained a loan or not, the caller will inform the person that the caller is a lawyer or federal police officer or investigator for the National Bureau of Criminal Prosecutions. The caller will then inform the person that if he does not pay several thousand dollars immediately that the person will be arrested later today for bank fraud. As stupid as this scam is, it must work because it has been going for several years.

Joey,

I am curious why you would think that people on a discussion forum for homeowners in an association would be your target market? Most of us have a home loan and current interest rates are the lowest they have been in my lifetime. Why would you think we would want to borrow $300 at 1200% interest?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

We are out of donuts. Emergency!

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By SteveM9 on 10/20/2012 7:20 AM
We are out of donuts. Emergency!

Don't forget the coffee to go with. LOL.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Hi Beth, within the past 3-5 weeks, I think, a question of mine appeared in the davis-stirling.com weekly Newsletter. I'd asked why a board could have an emergency meeting to decide on a budget. The HOA attorney replied that there's a deadline for a budget summary to get to owners, so If an emergency meeting was needed to meet that deadline it was OK.

Someone might ask why couldn't the board act in a more timely way? And I can answer that sometimes various and numerous issues emerge that require research--that's exactly what's going on in our board right now!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

A recession is when I am working, but you are not.

A depression is when I am not working.

An emergency is.......

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CarolR11 on 10/21/2012 4:54 PM
Hi Beth, within the past 3-5 weeks, I think, a question of mine appeared in the davis-stirling.com weekly Newsletter. I'd asked why a board could have an emergency meeting to decide on a budget. The HOA attorney replied that there's a deadline for a budget summary to get to owners, so If an emergency meeting was needed to meet that deadline it was OK.

Someone might ask why couldn't the board act in a more timely way? And I can answer that sometimes various and numerous issues emerge that require research--that's exactly what's going on in our board right now!

Did this Davis-Sterling "free advice lawyer" say if he was wrong, he would defend you at no charge?

Billable hours...look it up.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Beth,

The definition of "emergency" is just as you've posted. The board deeming all things "emergencies" is an expected reaction to the reduced pace of daily business being conducted by the HOA board. It's a withdrawal symptom from cutting off vote-by-email decisions.

Emergencies generally fall under repairs and unexpected property calamities issues where a repair needs to be made immediately or more damage may occur.

Most of your board must have time on their individual hands and waiting for a monthly meeting slows things. The whole neighborhood will fall apart if they don't keep up the pace, only things will turn out just fine.

You're right about emergencies. They're not.

PaulT6 (California)
Posts: 409

Posted:

Our Board is pretty spooky about using emails to take any kind of action. I suppose that is a good thing. In my poinion they would restrict "emergency" to health or safety matters.

Paul T

KellyM3 (North Carolina)
Posts: 2,239

Posted:

True emergencies require the president and/or property manager to secure the property and involve the board ASAP. But very few property events would rise to this standard.

That said, a self-managed HOA board would stay busy with the daily maintenance and repair demands of the community. And yes, the property owners are owed very prompt service or a property manager's services should be solicited to handle the matters.

JM10 (California)
Posts: 503

Posted:

I think this was brought up because this year there are new laws in California in regards to open meetings and notifications.

In California, a board can not take action without a meeting. Meetings, including executive meetings require notification to the members.

The only exception is emergency meetings.

(A) Notwithstanding Section 7211 of the Corporations Code, the
board of directors shall not conduct a meeting via a series of electronic
transmissions, including, but not limited to, electronic mail, except as
specified in subparagraph (B).

(B) Electronic transmissions may be used as a method of conducting
an emergency meeting if all members of the board, individually or collectively,
consent in writing to that action, and if the written consent or consents are
filed with the minutes of the meeting of the board. Written consent to conduct
an emergency meeting may be transmitted electronically.”

You can read what the Condo guru has to say here: http://communityassociations.net/cacondoguru/?p=277

Missing a deadline is not an unforeseeable problem and should not be considered an emergency.

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By JM10 on 10/22/2012 7:25 AM
I think this was brought up because this year there are new laws in California in regards to open meetings and notifications.

Actually this is a year old thread that was re-activated by a SPAMMER phishing for people's identities.

Studies show that 5 out of 4 people have problems with fractions

JM10 (California)
Posts: 503

Posted:

Yes, but Carol asked a question after that.

Just remember that the Davis-Stirling website is one attorney's opinion. I've found differing opinions and judgments including regarding the Open Meeting Act vs. Brown Act.

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