Agenda and Board Discussions

As we have entered into the realm of information technology - does it violate any 'open meeting' requirements that a board communicate via email? Not vote, but for the President/Secretary to coordinate items to be placed on Agenda - to be then sent to full board for comment, Committees, and overal opinions and POV's about issues faced. I consider this to be part of research and background information that helps meetings run efficient. Who creates the Agenda - I am familiar with the standard outline, however if we allow every issue on a meeting's Agenda it would read like a laundry list. It is my understanding that the President/Secretary share this responsibility, with comment from the full board. However, it was raised as a issue that this violates the principle of 'open meeting' requirements. It was understanding that the above officers can control whether and item is added to an Agenda - and then Robert's affords proper mechanicisms for either a board member, or general member to request that an issue to be either discussed at current meeting, or added to next meeting's Agenda.

Hi Jadedone:

There is a growing concensus among the HOA lawyers in Oregon that an email "discussion" would constitute a board meeting (we have an open meeting law).

One way to circumvent the issue would be for the president (or whomever) to send out a request for agenda items by "blind copying" (BCC line on your email program) the whole board and/or committees with the request for agenda items, then have them respond (which would only be to the president) back with their requests for the agenda.

If there are less than 5 board members, I would hesitate to recommend any discussion of business items via email unless you are absolutely sure that you would not be violating your state law. Once you have 5 or more members on the board, then you don't have a quorum when two members discuss and issue.

Normally, it would be the president and/or manager (usually together if there's a manager) who create the agenda. We have 9 board members, so our general manager meets with the "executive committee" (President, VP and Treasurer) to set the agenda.

J. Patrick Moore, CMCA