NatalieF1 (Virginia)
Posts: 40
Posts: 40
Posted:
Does anyone have a sample email policy their board uses to keep emails to a minimum and make sure discussions are saved for properly noticed and open meetings?
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email policy
Started by NatalieF1 • 9 replies • 2944 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Nope. Never felt we needed one.
JimR24 (Texas)
Posts: 399
Posts: 399
Posted:
I hear ya Natalie - sometimes it's difficult to balance out the need to get things done between our monthly board meetings and our focus on being open and transparent on all our decisions and deliberations.
For some boards, it's a tough issue which can bring about distrust in some homeowner's minds and - for other homeowners, it's just the board taking care of business.
What do u think?
For some boards, it's a tough issue which can bring about distrust in some homeowner's minds and - for other homeowners, it's just the board taking care of business.
What do u think?
Lovin' life with my honey!
and, President of HOA in Texas
and, President of HOA in Texas
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Before I left the board, I suggested to my colleagues that we establish one, and while everyone thought it was a good idea, no one pursued the matter. This, despite telling them about some of the conversations I’d seen on this board on the subject and distributing some information I’d seen in CAI’s magazine. Nonetheless, I think every board should establish such a policy since there are so many issues over what meetings/conversations are open or not. You may want to talk to your Association attorney to help you put it together.
For what it’s worth, here are my musings on the issue:
First, board members should have a separate email account dedicated to association business. Not only would you be able to find previous emails quickly (as opposed to wading through your personal email), you could avoid having your entire personal email account subject to discovery in case of a lawsuit. Otherwise, defense might argue that the only way it knows you provided all the emails related to the issue is to comb through the entire account.
No decisions should be made on issues via email unless it’s an emergency (emergencies should be defined).
All board members should be copied on any discussion of Association matters, whether they participate or note. The email traffic should be attached to the minutes of the next board meeting during which that issue is discussed and voted upon (thus making it available to homeowners upon request)
Disciplinary action regarding a homeowner for CCR violations is not to be discussed via email – only in an executive session (the association should have another set of rules on when these are held, how they’re announced, etc.)
Homeowners may email questions or complaints to individual or all board members, but they should be reminded that no individual board member can make certain decisions, such as approving an architectural change request. Those emails will be discussed at the next board meeting and attached to the minutes. If the issue is something the property manager can handle, it will be immediately forwarded to him or her for follow up.
No personal information regarding delinquent homeowners (e.g. SSN) should be listed in an email.
Emails from homeowners should be acknowledged within 72 hours or less.
All conversations are to be held in a professional and civil manner – no name calling, threats, etc.
For what it’s worth, here are my musings on the issue:
First, board members should have a separate email account dedicated to association business. Not only would you be able to find previous emails quickly (as opposed to wading through your personal email), you could avoid having your entire personal email account subject to discovery in case of a lawsuit. Otherwise, defense might argue that the only way it knows you provided all the emails related to the issue is to comb through the entire account.
No decisions should be made on issues via email unless it’s an emergency (emergencies should be defined).
All board members should be copied on any discussion of Association matters, whether they participate or note. The email traffic should be attached to the minutes of the next board meeting during which that issue is discussed and voted upon (thus making it available to homeowners upon request)
Disciplinary action regarding a homeowner for CCR violations is not to be discussed via email – only in an executive session (the association should have another set of rules on when these are held, how they’re announced, etc.)
Homeowners may email questions or complaints to individual or all board members, but they should be reminded that no individual board member can make certain decisions, such as approving an architectural change request. Those emails will be discussed at the next board meeting and attached to the minutes. If the issue is something the property manager can handle, it will be immediately forwarded to him or her for follow up.
No personal information regarding delinquent homeowners (e.g. SSN) should be listed in an email.
Emails from homeowners should be acknowledged within 72 hours or less.
All conversations are to be held in a professional and civil manner – no name calling, threats, etc.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
NatalieF1 (Virginia)
Posts: 40
Posts: 40
Posted:
Shelia, I would have to say you are spot on with my thoughts about emails.
JimR24 (Texas)
Posts: 399
Posts: 399
Posted:
Excellent Shelia - thanks for posting up!
Lovin' life with my honey!
and, President of HOA in Texas
and, President of HOA in Texas
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Hi Natalie, below is a summary of the law in CA about one aspect of open meetings. It's compiled by an CA HOA legal firm. and I've tried to pare it down. You might find snippets of it useful. Some regulars here hate it. (Btw, are you on the board?) We have a full-time onsite PM to whom we've delegated a lot, so we have no problems complying with this legislation. As Sheila points out, email are discoverable. Though Tim didn't mention it this time, I think there is some kind of legislation in VA that addresses email, but I'm not sure.
David's very large HOA in VA has no PM and a lot of work seems efficiently delegated to officers and committees. Here we go:
Email Meetings Disallowed, boards of directors "shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail" except for emergencies. (Civ. Code §4910(b).)
A "meeting" is defined as: A congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. (Civ. Code §4090(a).)
An "item of business" is defined as:
... any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, managing agent, officer of the association, or committee of the board comprising less than a majority of the directors. (Civ. Code §4155.)
Summary. Except for emergencies (described below), a MAJORITY of directors may not use email to discuss, deliberate and make decisions on HOA business items. Allowable Email. Boards of directors are allowed to exchange emails under the following conditions:
Emergency Exception. "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 . . ." (Civ. Code §4910(b)(2).
Minority of Directors. Fewer than a majority of directors may discuss or comment on an item of business so long as the email exchange does not become a "series" of emails involving a majority of the board. (Civ. Code §4910(b).)
Non-Business. A majority of directors may send and receive emails between themselves if it does not involve board business as defined above. Following are examples of allowable email exchanges:
setting dates and times for meetings,
distributing information for meetings,
requesting that items be placed on the agenda (prune trees, repair streets, create committees, paint buildings, repair roofs, etc.), and
informational emails (informing directors of educational events, reporting the status of fence repairs, distributing interim financial statements, etc).
Delegated Authority:
Administrative and oversight tasks can still be handled via emails if delegated to a person or persons such as the president and/or manager or a committee. Once delegated, the president and manager can make decisions and retain the right of email consultation with directors. Delegated business is specifically exempted:
(Civ. Code §4155)
If the president has the authority to make decisions, he/she can ask for input from other directors before doing so without violating the Open Meeting Act. If a board is worried about delegating too much authority to the president, they can form an Executive Committee with two or more directors, but less than the entire board, to handle issues between board meetings.
SUMMARY: To address issues between regularly scheduled board meetings, directors may do the following:
Delegate authority to the president and/or manager,
Call a special meeting with 4-days notice,
Call an emergency meeting attended in person or via teleconference,
Address emergency issues via email or circulate a unanimous written consent.
Read more: Email Meetings http://www.davis-stirling.com/tabid/480/Default.aspx#ixzz35mcxAlVW
from Davis-Stirling.com by Adams Kessler PLC.
David's very large HOA in VA has no PM and a lot of work seems efficiently delegated to officers and committees. Here we go:
Email Meetings Disallowed, boards of directors "shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail" except for emergencies. (Civ. Code §4910(b).)
A "meeting" is defined as: A congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. (Civ. Code §4090(a).)
An "item of business" is defined as:
... any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, managing agent, officer of the association, or committee of the board comprising less than a majority of the directors. (Civ. Code §4155.)
Summary. Except for emergencies (described below), a MAJORITY of directors may not use email to discuss, deliberate and make decisions on HOA business items. Allowable Email. Boards of directors are allowed to exchange emails under the following conditions:
Emergency Exception. "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 . . ." (Civ. Code §4910(b)(2).
Minority of Directors. Fewer than a majority of directors may discuss or comment on an item of business so long as the email exchange does not become a "series" of emails involving a majority of the board. (Civ. Code §4910(b).)
Non-Business. A majority of directors may send and receive emails between themselves if it does not involve board business as defined above. Following are examples of allowable email exchanges:
setting dates and times for meetings,
distributing information for meetings,
requesting that items be placed on the agenda (prune trees, repair streets, create committees, paint buildings, repair roofs, etc.), and
informational emails (informing directors of educational events, reporting the status of fence repairs, distributing interim financial statements, etc).
Delegated Authority:
Administrative and oversight tasks can still be handled via emails if delegated to a person or persons such as the president and/or manager or a committee. Once delegated, the president and manager can make decisions and retain the right of email consultation with directors. Delegated business is specifically exempted:
(Civ. Code §4155)
If the president has the authority to make decisions, he/she can ask for input from other directors before doing so without violating the Open Meeting Act. If a board is worried about delegating too much authority to the president, they can form an Executive Committee with two or more directors, but less than the entire board, to handle issues between board meetings.
SUMMARY: To address issues between regularly scheduled board meetings, directors may do the following:
Delegate authority to the president and/or manager,
Call a special meeting with 4-days notice,
Call an emergency meeting attended in person or via teleconference,
Address emergency issues via email or circulate a unanimous written consent.
Read more: Email Meetings http://www.davis-stirling.com/tabid/480/Default.aspx#ixzz35mcxAlVW
from Davis-Stirling.com by Adams Kessler PLC.
JimR24 (Texas)
Posts: 399
Posts: 399
Posted:
Excellent information Kerry and Shelia - sure do appreciate you posting up!
I believe i will begin some writing on my own (based on what you have supplied) which perhaps can be adopted by our board at some point in time....very useful stuff!
Thanks!
I believe i will begin some writing on my own (based on what you have supplied) which perhaps can be adopted by our board at some point in time....very useful stuff!
Thanks!
Lovin' life with my honey!
and, President of HOA in Texas
and, President of HOA in Texas
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Jim
While all were trying to be helpful, thankfully that Davis-Stirling "over kill" applies to CA only.
Talk about "paranoia" that does nothing but stand in the way of a BOD operating efficiently. This is a classic example.
While all were trying to be helpful, thankfully that Davis-Stirling "over kill" applies to CA only.
Talk about "paranoia" that does nothing but stand in the way of a BOD operating efficiently. This is a classic example.
JimR24 (Texas)
Posts: 399
Posts: 399
Posted:
Well John, i have already been doing some writing about what would might sense to how a small condominium association could work and have a focus on openness and transparency....when it comes to keeping homeowners up to date on everything.
So far, about all i have is lots of ways a board "can't-do-business" and very little which supports a board's "can-do-business" ability...lol...
Interesting exercise, but so far - i haven't been able to write much which appears to make much sense from a practical standpoint. Sounds like those CA regs would make it mighty tough to get much of anything done. Maybe someone from CA can help us understand more.
So far, about all i have is lots of ways a board "can't-do-business" and very little which supports a board's "can-do-business" ability...lol...
Interesting exercise, but so far - i haven't been able to write much which appears to make much sense from a practical standpoint. Sounds like those CA regs would make it mighty tough to get much of anything done. Maybe someone from CA can help us understand more.
Lovin' life with my honey!
and, President of HOA in Texas
and, President of HOA in Texas
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