Board meetings via email NOT part of record

I recently requested the records of the association, including emails among board members, and was told by a lawyer for the property manager that the board can email in quorum as long as it does not vote and those records are private. I have done a great deal of research and can't find where they would get that conclusion. Part of what a voting member would like to know is the position of officers and directors. Having the board meet privately via email or phone and just show up to the meetings to vote seems inconsistent with the statutes in Florida. Has anyone had experience with that? I was thinking of contacting the DPR to inquire, but they don't seem to do much except tell you to sue yourself.

In Maryland all discussions and voting must be done at an open announced meeting of the board. Any discussion by e-mail would be illegal.
Jeanne

Sounds like you need to understand your state's laws.

We routinely conduct business by meeting. Vote, approve things, and anything else that we would do at a normal meeting. Our bylaws explicitly permit such acivity. However, decisions made without a meeting are read into the official minutes.

I'm not sure why you would have a problem with that. The official record of the HOA is the minutes. A meeting of the board, with or without other members present, can have small talk, opinions, and other things that are tangential to the motions raised and voted on. THOSE are the official records. It's not like you would ask for a word-for-word transcript of a meeting, would you?

Dave

Many have requested/demanded a word for word transcript. Myself, I believe in audio recording meetings and allowing anyone to have a copy for a nominal charge.

Now that we know what I am, all that remains is discussing the nominal charge...LOL

Dave

Easy to agree with that but the vote does not always reflect what one had to say about some things...or someone...for the paranoia crowd.

I was on an elected business/fraternal organization BOD. We had a contrarian/fool elected. I 2nded every motion he ever made and then I voted against most of them. He asked me why did I 2nd then vote against? I said for two reasons. You deserve to be heard and how else will people know how foolish/stupid you are if not in the minutes.

Its unreasonable to expect that all board business can be done at formal meetings; there are day to day operational decisions that must be made and the decisions can be ratified later at a meeting. Examples include approving ARB forms that are routine and do not need discussion (such as someone requesting to paint their house an already approved color). Often, emails include lots of information in the one email, like homeowners that are past due and in collections, which in Florida, is protected information. So long as decisions are being made in the open at meetings that are properly noticed, there is no need for you to see emails.

Dave,

I think members could see why a decision was made. For example, once we had a change limiting the age of people who could use the pool. Turns out, the decision was made by the board president and one other board member calling the treasurer repeatedly at her home until she purchased signs revealing an age restriction. The PM then had the sign mounted. No meeting. No discussion. So, members had no idea when or why that happened. Turns out, it was all private and done because the two people didn't like someone's kid using the pool. At subsequent meeting, the board refused to change it even though it had not been discussed, etc. It took HUD action to remove something that was not legal or appropriate in the first place. Doing business in an open, noticed meeting would have prevented that rather than having phone call and email meetings.

It's true in FL that personal emails of BOD members are not official records and thus not subject to member review.
An offocial email account of the association would be a different matter.

The use of the term quorum is misplaced in the context presented. You can't meet via email per se so a quorum is unobtainable by definition.
You could Skype or meet via other electronic means simultaneously but the technology superceedes the laws (and likely always will).

The law does however give you the right to speak on matters of the agenda only.

I understand if the directors minds are made up prior to meeting before it's membership, its impossible to prevent the item(s) from becoming ratified as they are not compelled to consider audience opinions in their decisions.

Anther tool available to many FL BODs is the "Action without a meeting". However it requires 100% unanimity and must follow other specifics such as be certified at the next regular scheduled BOD meeting.

Your best to further review your rights and act in good faith to exercise them.

See if others feel as you do apply the laws available.

This includes recalling directors and organizing a change of regime at the next election cycle.