Decisions Out of Meeting

As always it depends on the HOA's governing documents,and state law. In SC laws state "a voice" when dealing with voting....and so thinking votes via email here wouldn't fly, but conference calls are permitted. SO instead of emails just do conference calls.

The answer is no.

Cathy

The SC Articles of Incorporation do allow for electronic media voting. It was originally meant for signed FAXes but many have interpreted it to also incorporate Email.

Arizona and California have similar open meeting laws for associations. Both require that all business, except emergencies, be conducted in open meetings. Both also require that items that will be discussed must be on the agenda. If the board is going to discuss something, the discussion must take place in an open meeting. If the board is going to vote on something, the vote must be taken in an open meeting.

The law does not recognize a matter so trivial that the board may act without a meeting. (If it is a trivial or routine matter it should have been delegated to an officer as part of his duties; nothing in either state's law requires the board to discuss and vote on whether to buy a box of paper clips.) "Any quorum of the board of directors that meets informally to discuss association business, including workshops, shall comply with the open meeting and notice provisions of this section without regard to whether the board votes or takes any action on any matter at that informal meeting." ARS 33-1804(D)(4).

Arizona law does recognize the need for emergency action: "An emergency meeting of the board of directors may be called to discuss business or take action that cannot be delayed until the next regularly scheduled board meeting. The minutes of the emergency meeting shall state the reason necessitating the emergency meeting. The minutes of the emergency meeting shall be read and approved at the next regularly scheduled meeting of the board of directors." ARS 33-1804(D)(2).

So I concur with Richard. The answer is no.

Nicole01(Cal)'s other topic shows another problem with Board decision making at buckshee/unconvened Meeting ( “Yes, No, or maybe Yes?” http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/201048/view/topic/Default.aspx. 2 Directors attempting to unring the bell on their decisions. )

Condo lawyers here have warned repeatedly about Directors attempting to renege on how they purported to "vote" at improperly or unconvened interactions eg by e-mail or at the coffee shop. Some may later want to magically unring the bell, and may chaotically refuse to formalize what they earlier expressed on the item. The chaos may be an important commitment/decision taken in reliance on such support, now left in some limbo if the Director regrets.

A different matter if the legislation & CCRs specifically OK some form of concurrent interaction by teleconference etc. ie Directors' interaction genuinely simultaneous, legal, and properly Minuted as early was possible.

For those in Arizona, wouldn't ARS 10-3704 and ARS 10-1801 cover board actions in lieu of meeting?

I stated that.


Excellent advice from John.

I might add that it would be good to specify the State being referred to and provide the poster citations or links to the source for the basis of the answer. This way, everyone can learn.


I have no more rights on this forum than you or any other individual who signed up to participate in the forum.

The only thing I do, as others have done, is contact the moderators for questionable posts.
Anyone may do that simply by moving the mouse pointer over "help" and clicking on "contact HOATalk Support".

To a poster FROM California, I stated no and you came back and said "I disagree". Why, because I didn't reference California Civil Code or Corporation Code or didn't name ALL the states that do allow actions without meeting. At the end of the day, does it really matter, people could care less about rules.

"The only thing I do, as others have done, is contact the moderators for questionable posts." My point exactly.

As you seem to have the extra time, I'll leave the reference citations to you.

I was having a bit of fun (as outlined in my bolded sections on that reply).

The question was "Can non urgent decisions be made out of meetings via email?"
Your response was "The answer is no."

The technical answer to any question that starts with "can this or that be done" is yes it can be done. That is not the same as saying doing it is/isn't in violation of some statute, governing documents. What can be done isn't always what should be done or legal to do.

Example: Can you take groceries from a store without paying?
Answer: Yes, you can.
More detailed of an answer: Doing so without permission is a violation of criminal statutes.

Example: Our governing documents authorize us to enter a persons property and do repairs, then charge them for that work. Can we do this?
Answer: Yes, you can.
More detailed answer: Doing so may be considered trespassing. We have been advised by our attorney that even though we have authority to do the same thing, it's best not to do so without a court order unless it's an immediate safety issue.

So, saying it can't be done is technically incorrect. It can be done and, based on the OP's question, I expect it had already been done.

Providing a little more detail, be it citations or simply expanding on the answer, not only answers someones question but helps them understand the basis for that answer. That understanding can help them to better explain the issue to others (if they choose to challenge the issue within their Association).

I'm sorry you didn't appreciate the technicalities in my response.

Tim,

You're right, IF we were talking to 5 year olds. I thought we were talking to an older, more educated group that would realize that "can" should also refer to as "should".

Then you get into Arizona and one poster says it's in their Bylaws, while the other says, Arizona trumps that. The vast majority of individuals in HOA's will go only by what is in their governing documents and not even consider looking elsewhere.

Sorry.

SC Title 33 - Corporations, Partnerships and Associations
CHAPTER 31
South Carolina Nonprofit Corporation Act

Concerning electronic voting, once again SC says unless prohibited by the corporation's bylaws. Thus if not prohibited or not referred to, it can be done.

SC likes to let the corporation control itself.

Seconded.