WionaW (Washington)
Posts: 1
Posts: 1
Posted:
Can the board of directors use emails for communicating so long as actual business is not conducted or votes taken?
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Emails for communications
Started by WionaW • 10 replies • 1803 views
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EmmaH1
Posts: 674
Posts: 674
Posted:
I don't claim to know the legal answer for that but In my HOA do they do it all the time. Sometimes they don't send it out to everyone and don't request conformation of it a bad practice in my opinion. (If you google your subject up in the search bar you'll see tons of past discussions on it)
EmmaH1
Posts: 674
Posts: 674
Posted:
I meant "enter" your subject not "google" it
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
You may need to check your state law on this. While emails can speed up information exchange, one has to be careful what's being discussed, as you say (e.g. votes should be done in an open meeting). Those emails may also be need to be made available to homeowners, so you don't want to be caught discussing something or someone in an inappropriate manner.
If you're on the board, you may want to suggest they establish a formal policy on the subject and talk to the Association attorney to ensure everything's in order to reduce personal and association liability. Our board didn't have a formal policy (although I suggested it more than once when I was a member), but generally, we copied each other on all communications, and a few (including myself) set up a separate email account for HOA business only. This way, it's easier to search for previous messages and organize them in various folders. If I'm ever subpoenaed for the emails, I don't have to worry about personal stuff blended in with association business because you'd be expected to produce ALL emails sent and received during a specific period.
If you're on the board, you may want to suggest they establish a formal policy on the subject and talk to the Association attorney to ensure everything's in order to reduce personal and association liability. Our board didn't have a formal policy (although I suggested it more than once when I was a member), but generally, we copied each other on all communications, and a few (including myself) set up a separate email account for HOA business only. This way, it's easier to search for previous messages and organize them in various folders. If I'm ever subpoenaed for the emails, I don't have to worry about personal stuff blended in with association business because you'd be expected to produce ALL emails sent and received during a specific period.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By WionaW on 11/20/2014 10:26 AM
Can the board of directors use emails for communicating so long as actual business is not conducted or votes taken?
Can the board of directors use emails for communicating so long as actual business is not conducted or votes taken?
Wiona
That will vary from state to state. In SC Corporations even voting can be done "electronically". Electronically was originally meant to cover FAXing but I expect in this day and age that Email would qualify as "electronically".
Thus my answer is discussion and voting can be done via Email in SC.
When things like this are discussed I always harken back to one poster that saw the majority of her BOD sitting pool side one day chatting and she contended it was a BOD Meeting....LOL
Any one that does not realize how much "unofficial" business is done socially, off the record, in the "cloak room", etc. is not smart enough nor worldy/experienced enough to be in control of most anything except changing the toilet paper.....LOL
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
We do it all of the time, both as our main method of communicating with the homeowners and for discussing things between meetings. Since we only meet quarterly, we also vote and approve "emergency" items via email.
Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
If directors are "not counting business in these emails," why are the emailing each other? Is it a quorum of the Board that's involved??
In CA, a quorum of directors cannot engage in a series of emails about their HOA's business outside of priorly noticed meetings. (Emergencies are an exception.) So...what's the law in WA?
Even boards that meet quarterly can meet between their regular meetings unless many directors don't liv on the premises full-time or at all.
In CA, a quorum of directors cannot engage in a series of emails about their HOA's business outside of priorly noticed meetings. (Emergencies are an exception.) So...what's the law in WA?
Even boards that meet quarterly can meet between their regular meetings unless many directors don't liv on the premises full-time or at all.
EmmaH1
Posts: 674
Posts: 674
Posted:
If an association does decide to use emails to send out official notices to all members---such as upcoming meetings, agenda for the meeting, proposed amended Declaration and such does anyone think it should be a requirement that the receiver confirm that they received it? and if they don't confirm, then a letter form is sent out? Do any HOA have written policies on this?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I think the question, Emma, is about email exchanges among directors. and I meant to type "conducting"!!
Anyway, Emma, in CA certain communications form the board may be emailed to owners is owners opt in by signing a release form of sorts. No one is forced to receive communication this way sand by not signing they'd continue to receive US mail.
On it, the form states that the transmission of the email is all the owners can expect. For each & every owner to confirm they received it would be very inefficient!
In CA, meeting notices must be posted in an obvious please on the premises. They cannot solely be sent by any kind of method.
Anyway, Emma, in CA certain communications form the board may be emailed to owners is owners opt in by signing a release form of sorts. No one is forced to receive communication this way sand by not signing they'd continue to receive US mail.
On it, the form states that the transmission of the email is all the owners can expect. For each & every owner to confirm they received it would be very inefficient!
In CA, meeting notices must be posted in an obvious please on the premises. They cannot solely be sent by any kind of method.
EmmaH1
Posts: 674
Posts: 674
Posted:
Sorry Kerry, didn't realize it was about directors only. Obviously very different laws from state to state and type of association also.
(It would not be "inefficient" in my community we only have 19 owners.)
Again, I apologize for imposing on your post and asking a question concerning members.
(It would not be "inefficient" in my community we only have 19 owners.)
Again, I apologize for imposing on your post and asking a question concerning members.
BobD4 (up north)
Posts: 1,002
Posts: 1,002
Posted:
Quote:
Posted By WionaW on 11/20/2014 10:26 AM
Can the board of directors use emails for communicating so long as actual business is not conducted or votes taken?
Can the board of directors use emails for communicating so long as actual business is not conducted or votes taken?
Is the questioner asking : "Can a bona fide Board Meeting occur without concurrency" ?
How can a "meeting" occur - including with quorum subject to challenge etc - without genuine concurrency ?
LIVE , CONCURRENT video conference meetings would seem to meet that requirement without physical proximity ( but with an online quorum ). To meet challenges of lack of concurrency, some jurisdictions (like mine) expressly empowers by law by-lawed video conference type concurrency for condo Board meetings .
But merely chains of possibly non-concurrent e-mails - no demonstrated, challengable genuine concurrency - would at the very least run afoul of the quorum rule just for starters. It raises concerns about the integrity of the process. and who culls the e-mails ?
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