Passing a motion

In the bylaws, they state that passing a motion via email has to be unanimous. Well, an email was sent around and it was approved by the board 3-2. Since it wasn't done electronically the motion didn't pass and it has to be unanimous anyway. Does that mean that the board can't move to another motion when they meet in person?

In person motion with the board means majority vote. So there was a board meeting and the motion was brought up again. This time, the person who brought up the motion said: " I don't know if we can do another motion on this since it didn't pass electronically". This caused confusion because just because it didn't pass electronically doesn't mean you can't do another motion.

The question is since you need unanimous vote via email and it didn't pass, does that mean you can't motion again in person? Bylaws have no mention of this at all. Please advise?

In California, Action Without A Meeting were eliminated in 2012 because of rampant abuse. More importantly, a requirement was that decisions made via email, or "without a meeting" were supposed to be recorded in the next open session's minutes. It wasn't being done, so decisions ultimately were being done in secret.

https://www.hoalawblog.com/2011/09/governor_brown_signs_sb_563_sa.html

You might want to give Congressman Mark DeSaulnier (CA-11) a call. He works out of Washington D.C these days.

Thank you. What i thought as well and wanted to confirm. Thanks for everyone's input.

The name I dropped is the State Senator, at the time, that SB563 was passed and signed in to law, who authored the bill. I had two questions, was "Action Without a Meeting" being eliminated and can Board members email between meetings. The reason for the research was I sat on a Legislative Action Committee for a local chapter of CAI.

Action Without a Meeting, Corporation Code §7211 still exists for corporations, just not CID's, EXCEPT for "Emergency Meetings" The complaints that came in stated that no one was aware of actions Boards were taking. One of the provisions of §7211 was that the actions were to be filed with the minutes at the next meeting.

While AWAM wasn't eliminated, it was "defined". For the abusers, you could say it was eliminated. I have seen the minutes of many Boards that have used AWAM and followed the rules of communicating to their members actions taken on their behalf.

AWAM is a corporate procedure throughout the country. You generally will find that procedure in almost all Bylaws of HOA's from coast to coast. I generally don't have an issue with the procedure as long as the intent is followed. Unfortunately, the acts of a few, or many, precipitated the necessary change in California.

I believe California is the only state to eliminate AWAM, as a standard practice, most other states can still use that procedure. What may need to be followed is making sure, IF the AWAM doesn't have unanimous consent through email, that it follows proper state procedures, if any, to place on the next meeting's agenda.