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KarenH19 (Maryland)
Posts: 26
Posted:
Hi, first I want to thank you for all the good informative discussions.

I am the President of our HOA and the Chairman of our Architectural Committee. The Association was turned over to us in November,2017. We are located in Maryland.

I understand that our Board and Committee meetings need to be open even though our committees only make recommendations to the full Board.

I have a few questions. Can the Committee review and make recommendations for improvements such as sheds, fence etc. thru email? The same question for the Board can they make the final decision for improvements by email?

If the Committees and the Board should be having open meetings instead of having an actual meeting to review improvement applications could we put the application on a site like google drive and let all members have access to this site?

Can we review the improvement applications or have a Board meeting thru a site similar to Zoom meeting that combines video conferencing, online meetings and mobile collaboration? Again we would give the members access to allow them to join the meeting.

I appreciated your comments.

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Good, questions, all.

Maryland statutes may govern whether business can be done by email, and particularly if the Board may vote by email. Statutes may also govern if Committee meetings must be open, or not.

I believe, in most states, that Committees may function via email, or via integrated web based solutions.

In some organizations, a committee makes the decisions for architectural control and even covenants enforcement - the Board stays a layer above, but is still responsible.

I would not recommend everyone having access to the making of the sausage. Just the Committee members.

A VTC or web based Board meeting (or even annual meeting) is probably legal, unless MD says otherwise. However, I would do this sort of thing only when there was no alternative. Face to face Board meetings work best and are more cohesive to the neighborhood.

You CC&Rs and Bylaws may have restrictions on some of the above.
KerryL1 (California)
Posts: 14,550
Posted:
George is right to refer you to MD statutes and to your own documents, probably your bylaws.

Board really should not vote online and should at duly noticed meetings. I think even Robert's Rules of Order say we must be present in person, have a quorum, etc. to make Board decisions.

In our HOA, the Architectural Committee has the authority to approve ARC change requests. Occasionally, they place a mtter on the Board's agenda if it's very unusual.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Karen

Typically Committees report to the BOD with the BOD having the final say. This varies in some HOA's

I say Committee meetings do not have to be open meetings and they can conduct business via Email. This varies in some states.

In SC we can conduct BOD votes/meetings via Email.

KerryL1 (California)
Posts: 14,550
Posted:
I just realized, Karen, that I don't understand this: "If the Committees and the Board should be having open meetings instead of having an actual meeting to review..."

As you can see, we can't offer much without knowing your bylaws and MD statutes. We have no MD regular posters, but occasionally a very kind poster will look up MD statutes for you. Still, it's better if you learn them for yourself.
KarenH19 (Maryland)
Posts: 26
Posted:
I know the committees should have open meetings per our by laws. Where I get confused is does open meetings apply to when reviewing improvement applications for both the committees and the full board. And if the answer is yes can open meetings be done in a way that you don’t physically meet in person such as a conference call iusing zoom or thru the computer using google drive. I appreciate hearing how other HOAs review and approve improvements applications. Like I said earlier the committee makes a recommendations to the full board. Thanks
KerryL1 (California)
Posts: 14,550
Posted:
Thanks for the clarification, Karen. MD laws will tell you if your can have meetings other than in person. In CA, for instance, if there's one director physically present in a room where Owners can attend, other directors can be remote so along as they and Owners all can hear one another and speak. This basically means a telephonic meetings.

The reason Owners must be able to be heard is because open meetings in CA must have an Open Forum during which Owners may ask questions.

Since the Board makes the final decision in your HOA, Karen, just like any other decision, you may have to meet in the way described above UNLESS MD statutes or your own bylaws say otherwise.

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