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JC3
Posts: 290
Posted:
What constitutes a meeting? What are board members permitted to discuss outside of board meetings, either with home owners or other board members?
We have 5 members on our board, 3 new ones. I’m a new one. Can individual members, say 2 or 3, discuss what is going on within the board verbally or via mail/email the without it being a meeting, or jeopardizing the board in any way? (I’m thinking of the earlier discussion of the board who held a discussion at a workshop, thereby having a meeting—oh the security camera discussion.) Some purposes would be tofigure out what’s going on, clarify issues, and see other points of view.

Board Member “A” began to update a written policy and sent it out to board members for input. A couple of us sent back questions and ideas. Some of those minor suggestions—mainly sentence structure or more appropriate word use were incorporated—but more important ones regarding fines and laws were not, and the person who wanted to update the policy ended the project. Personally, I thought his was a good idea, and hate to see it stopped. It was about done. The inclusion of the suggested additions would have made the policy more understandable for board members and home owners.

Being new and feeling my way, I’d like to talk to the other members but do I need to wait until our next meeting, or can I discuss these issues with either board members or homeowners outside of meetings? Since this is attempted alteration of written policy, shouldn’t the home-owners have input? I don’t think the idea should be simply stopped because “A” or A and B, didn’t like some of the suggestions.
BradD2 (Florida)
Posts: 418
Posted:
The question ultimately hangs on the state laws and your documents. What State?

In Florida, board members can't gather in any number which constitutes voting strength (majority of the board) without written notification to the homeowners of 48 hours using a posted sign or 168 hours if using letters. Our documents say something similiar.

Forum postings and email are allowed as are phone calls which involve less than the majority of the board.

I regularly send out emails to other board members and try to work out proposals and things before the board meeting so that it isn't wasted time. For the most part we know the background and reasoning for what we are going to be voting on before the actual meeting.
RogerB (Colorado)
Posts: 5,067
Posted:
JC3, what constitutes a meeting depends on your state's statutes (if any) and your By-laws. If a state statute resticts what you described because it is defined as a Board meeting then could you appoint a committee to do this and bring it to the Board?
JC3
Posts: 290
Posted:
"could you appoint a committee to do this and bring it to the Board?"

The board member who began to rewrite the policy is the head of that particular committee.
RogerB (Colorado)
Posts: 5,067
Posted:
So JC3 that is not a Board meeting unless there is a state statute specifying that if X Board members attend the committee meeting it is defined as a Board meeting. You can surely figure out ways to comply and still prepare for Board meetings
BradD2 (Florida)
Posts: 418
Posted:
So you know our Association is self managed and we have multiple committee that report to the board at each board meeting. The primary requirement is that they consist of less than a majority of the board. For example the Architectural Review Board consists of three of the seven board members while the Covenants Violation Committee consists of two of the seven board members and two homeowners. The Appeals Board is made up each time of three homeowners out of the ten or so who said they would be willing to hear appeals. By breaking things up into smaller groups you can impower them to deal with problems and then bring the update to the larger group every so often. As the President I don't sit on any sub committee but am involved in all of them.
GloriaM (North Carolina)
Posts: 829
Posted:
If you are just discussing things and no votes are being taken, there is no law about just talking. However if you and 2 others are standing out on the street on a Saturday and are talking and the 3 begin to turn your discussion into a vote of yeah let's mulch the playground for $1,800.00, then you would need to hold off and have a meeting of the entire board.

Most states do allow for an "Action without Meeting", however the recordation of the votes would have to be taken and documented.

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