Emergency Executive Session via Email

We recently had someone injure their foot due to the poor condition of the bottom of one of our pools. We have closed the pool, posted notices and secured the pool with a chain so no other resident can use the pool (unless they jump the fence).

Our complex has two more pools which are open and have no cause for concern since they were recently replastered. We have received bids to replaster the closed pool. Would the approval of these bids be considered an emergency item that the board could vote on in Executive Session via email?

Caifornia Civil Code states "Electronic transmissions may be used as a method of conducting an emergency board meeting if all directors, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the board meeting. These written consents may be transmitted electronically"

I am undecided if this is considered an emergency since the pool is closed and there are others to use.

California might be different, but in Florida we were told (during our mandatory board member certification class) that it ain't an emergency unless Federal, state or local officials declare one.

In my opinion, no.

However, it could be an action without meeting (if such is allowed by CA statutes).

> Not an emergency as you have two other pools, as you stated.

Even WITHOUT other pools it is hard to see this as an emergency. UNLESS delay is likely to result in additional damage and cost.

AaronJ (California) :

Have you DRAINED the pool as well as merely "closing" it ? How well did you "close it"

Successful or not, many injured kids' parents have chased owners /insurers after their unsupervised underage children illegally entered to swim in hot weather etc.

Like it or not some jurisdictions are loathe to let underaged trespassers suck up their lifetime physical injuries if they trespass ( & are injured ) on something attractive ('negligently attractive' etc ). I don't defend it.

Aaron

Why is this such a hot button issue with you?

JohnC46,

Its a hot button issue because I want to make sure we are not violating the law as a matter on convenience. A true "emergency" would be something that can't wait for the two day notice requirement. It appears to me the President is requesting to hold the meeting via email and is saying its an "emergency" because it is more convenient to the board members. We have been going back and forth via email for the past two days about whether or not its an "emergency". We could have had notices posted by now and held the meeting! I guess its a small issue and appears I'm being difficult which is not my intention.

Aaron

It does appear to me you are being difficult which leads me to believe it a more deep seeded issue with you and the BOD/President.

I don't think so either. Look, Aaron, your bylaws might say that the president or any other two directors may call an emergency meeting, an ES, etc. Read them.

If you have another director who agrees with you & know you have a quorum who'll attend, post the notice and hold the meeting. There's no requirement that the prez attend.

In this simple matter, following the law is an unnecessary waste of time. It is simply a matter of how to go about what all want to do and needs to be done, the pool repair.

It sounds like your BOD would take months to decide what type toilet paper is used in the clubhouse.