DayleP (Minnesota)
Posts: 1
Posts: 1
Posted:
Our Board of Directors occasionally need to approve of a motion in a timely way so we use an email Consent Motion. Do any of your Boards employ this method of approvals?
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Do your BOARD OF DIRECTORS use “email Consent Motions” occasionally?
Started by DayleP • 5 replies • 293 views
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ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By DayleP on 03/15/2024 5:48 PM
Our Board of Directors occasionally need to approve of a motion in a timely way so we use an email Consent Motion.
Our Board of Directors occasionally need to approve of a motion in a timely way so we use an email Consent Motion.
What you mean is a board "action without a meeting." For starters, see https://www.revisor.mn.gov/statutes/cite/317A.239
Then review what your state HOA/COA statute says about board meetings being open and whether the statutes restrict board actions taken without a meeting open to owners.
Is this a condominium? Single family home subdivision? Which it is determines which statute applies.
What year was the HOA/COA Declaration recorded with the county?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Boards in MN, as with mine in CA, may have "Consent Agendas" AKA "Consent Calendars." So far as I know there is no motions called a "consent motion."
A Consent Agenda is a grouping of routine items that need Board approval. They DO save time AT Board meetings. An example is: III. Consent Agenda. A. Approval of board open meeting minutes of February 26, 2024. B. Approval of Board open meeting minutes of Jan. 24, 2024. C. Acceptance of the Feb. 2024 Financials. D. Approval of Bob Marl and Ry Gos as members of the Documents Committee.
The secretary announces the Consent Agenda. (Directors are quickly reminded that they may "pull" items they think need correction or discussion. ) The Sec'y reads the Items. Pauses, and says "hearing no objections, the Consent Agenda is approved by consensus. The Consent Agenda list is entered and noted as approved in h meting minutes.
"Taking action without a meeting" is permitted by some states and some are stricter than others when it may be implemented. In Calif., for instance, it may be used solely for emergencies. In many states, all board members must be involved and the vote must be unanimous. In all I've heard of, the epic and vote must be recorded in the next meting minutes for owners to see.
I'm glad to see "occasionally" used, Dayle. But in a "timely way" is very subjective. Most HOA matters can wait until the next open meeting. We, unfortunately, have seen here this method used almost exclusively by secretive boards that don't want Owners to actually see and hear their deliberative processes.
A Consent Agenda is a grouping of routine items that need Board approval. They DO save time AT Board meetings. An example is: III. Consent Agenda. A. Approval of board open meeting minutes of February 26, 2024. B. Approval of Board open meeting minutes of Jan. 24, 2024. C. Acceptance of the Feb. 2024 Financials. D. Approval of Bob Marl and Ry Gos as members of the Documents Committee.
The secretary announces the Consent Agenda. (Directors are quickly reminded that they may "pull" items they think need correction or discussion. ) The Sec'y reads the Items. Pauses, and says "hearing no objections, the Consent Agenda is approved by consensus. The Consent Agenda list is entered and noted as approved in h meting minutes.
"Taking action without a meeting" is permitted by some states and some are stricter than others when it may be implemented. In Calif., for instance, it may be used solely for emergencies. In many states, all board members must be involved and the vote must be unanimous. In all I've heard of, the epic and vote must be recorded in the next meting minutes for owners to see.
I'm glad to see "occasionally" used, Dayle. But in a "timely way" is very subjective. Most HOA matters can wait until the next open meeting. We, unfortunately, have seen here this method used almost exclusively by secretive boards that don't want Owners to actually see and hear their deliberative processes.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Clarification of my above: Here's my HOA's open regular board meeting agenda:
I. Call to Order
II. Executive Session Disclosure [req. in Calif.]
III. Open Forum [we hold a 2nd one at the end of the meeting]
IV. Consent Agenda
A. Approve minutes....
B. Accept Financial report ....
C. Any additional routine non-controversial items
V. Treasurer's Report
VI. Etc.
I. Call to Order
II. Executive Session Disclosure [req. in Calif.]
III. Open Forum [we hold a 2nd one at the end of the meeting]
IV. Consent Agenda
A. Approve minutes....
B. Accept Financial report ....
C. Any additional routine non-controversial items
V. Treasurer's Report
VI. Etc.
BillB17 (South Carolina)
Posts: 92
Posts: 92
Posted:
The By Laws of our single family residence HOA allow the Board to take any action without a meeting that it could take at a meeting. It requires the written consent of all Board members (it must be unanimous). We try not to take these type actions, but on occasion it has been necessary. When we do, the secretary generates a "Unanimous Consent Agreement" containing the the motion which has to be signed by all Board members and recorded in the minutes of the next meeting.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
A "unanimous consent agreement" sounds like a good policy. Our PM places the individual directors' emails in that are of the directs report/board pack, so kind of a mess with 7 directors.
But, because taking action without a meeting can only be for emergencies in CA HOAs, such action is very rare.
But, because taking action without a meeting can only be for emergencies in CA HOAs, such action is very rare.
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