Board Communication

Started by RyanF2 • 3 replies • 1419 views

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RyanF2 (New York)
Posts: 1

Posted:

I am a new member of a condo board of 3 individuals and had a question regarding communication between members. One of the members insists on having phone chats about issues they feel strongly about. These conversations are in the absence of the other board member. Am I right in thinking this is not the best way to conduct business? I would prefer everything to be in email form with all board members copied.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Hi Ryan,

Welcome to the forum and thank you for serving on your Board.

Be it a conference call or e-mails, either option can work.
The best is to hold a meeting, properly noticed and documented.

Since NY doesn't require (at least to my understanding) open meetings of the Board, these phone calls and e-mails can be utilized to conduct Association business. With a 3 person board, I suspect 2 create a quorum and a simple phone call to only one Director can create the authority to act. This can be good but can also be abused.

Although I agree with you that it's not the best way to conduct normal business, you will likely have to deal with it until you gain support from the other board member or replace the one who likes to conduct business over the phone.

I know this isn't what you wanted to hear.
I hope it helps,

Tim

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By TimB4 on 01/27/2016 7:06 PM
Since NY doesn't require (at least to my understanding) open meetings of the Board, these phone calls and e-mails can be utilized to conduct Association business. With a 3 person board, I suspect 2 create a quorum and a simple phone call to only one Director can create the authority to act. This can be good but can also be abused.

States that do not have open meeting laws can still have restrictions on notice and participation. The open meeting laws are only about the rights of non-board members to attend. You also need to consider the right of a board member to be protected from being excluded.

If your co-member calls you all the time and the two of you make decisions, then the 3rd member is being excluded. Problem? - Maybe, maybe not.

You should distinguish between board level decisions (for example, your annual budget) and day-to-day decisions (for example, changing a light bulb). The board of 3 can agree to delegate the bulb changing decision to 2, but all 3 must be given the opportunity to participate in the budget discussions. Of course, if all 3 are notified and one doesn't attend, the 2 remaining board members are a quorum and can make the decisions without the 3rd.

Sikubali jukumu. Read all posts at your own risk.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Quote:

Posted By TimB4 on 01/27/2016 7:06 PM
Hi Ryan,

Welcome to the forum and thank you for serving on your Board.

Be it a conference call or e-mails, either option can work.
The best is to hold a meeting, properly noticed and documented.

Since NY doesn't require (at least to my understanding) open meetings of the Board, these phone calls and e-mails can be utilized to conduct Association business. With a 3 person board, I suspect 2 create a quorum and a simple phone call to only one Director can create the authority to act. This can be good but can also be abused.

Although I agree with you that it's not the best way to conduct normal business, you will likely have to deal with it until you gain support from the other board member or replace the one who likes to conduct business over the phone.

I know this isn't what you wanted to hear.
I hope it helps,

Tim

I just hope the other two members are never a husband wife team. We had that at one time and decisions were made that I knew nothing of until months later. Of course in your situation in is not a husband and wife team since business is conducted over the phone.

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