Efficiency if QUORUM Only May Discuss HOA Biz AT Meetings

That's the way we do it. Vendor is chosen by board, but then contract management is delegated to a single board member. Let the emails fly - comments, suggestions, anything at all. Ultimate decision rests with that single board member.

Think it would work just as well if we were in an open meeting state. No longer a board level decision once it's been delegated. No need to have a meeting.

After we delegated vendor issues, architectural approvals, and fee waivers to specific individuals and gave each board member an amount to spend without group approval, we don't meet as often. Used to be once a month. Now we only meet when there is a major topic to discuss. Efficient and effective.

"Do something and report back" sounds like you want to keep ultimate responsibility with the board. Not the kind of delegation that I had in mind. I say give ownership of the issue to one board member and let her decide whether to resolve it herself, consult with another board member, or make a meeting of it. If the designated board member makes that decision, then the statute is satisfied IMO.

Kerry, just an fyi, we have 300 single family homes, private streets, pool, green belt and other landscaping. And yes we do have a PM that is very helpful.

What helpful replies, for your, Don!I f you have an onsite PM, it seems to me that your board may need to delegate more to her/him between meetings so that there'd be less need for a quorum of your Board to discuss Board business by email. You assign tasks to the PM, who can report back weekly, etc., with informational updates.

with 300 homes and some amenities, it almost sounds lie you could y use a board of 5, Don, epcially if your PM is not on the premises much.

Here some ideas from davis-stirling.com, CA HOA attorneys who have an excellent Main Index. Many of their opinions and advice would apply to HOA leaders in all states, e.g., what to put in contracts.

From Email Between Directors, Here are excerpts which these attorney state are in CA, along with emergencies, OK via email or even facetoface conversations among directors.:

"Allowable Email. Boards of directors are allowed to exchange emails under the following conditions:

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).)

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.

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.

Richard, do you have any helpful ideas for boards that feel they must discuss & deliberate HOA biz outside of meetings, either by email or by some other means? How can they be efficient & effective?

For a 3-member board, JohnC has some very nice ideas.

Kerry,

NEVER once have I ever said a Board HAD to discuss anything, only that they should be allowed to. I also know that deliberations and voting need to be done in an "official" session, whether open or executive. I believe most of us are responsible enough to follow the rules and shouldn't be penalized for the actions of a few. I don't need an attorney to tell me know to follow the law.

As John said, he was referencing a 5 person Board not 3.

The best part of this job, if there is any, is that there is no "one size fits all". Each is unique and you customize each association to their specific needs based on the available resources, most importantly, able and willing bodies.

It would depend on the issue - if the issue will result in the Association spending money for something, that decision needs to be made by the entire board, not one person. Otherwise, you're right that one board member could be designated to address the issue in the way you describe, but there still needs to be some oversight to protect against favoritism, incompetence and who knows what else. It may be best to determine how much latitude the board member will be allowed first and then let him/her fly.