Internet communications

Robert,

I think that when the Statutes were originally written in Florida, the internet communications were not used like we use them today. As you might know, the State is not yet addressing internet communications. I do not think that the State will ever be able to control or monitor internet talk between Board members and does there not come a point where Board members should be able to communicate to each other as long as they are not making decisions, plotting and voting? I do think they should be able to. Sometimes at members meetings, there is so much work to be done with too many issues to extend the meeting time by small, rather mundaine discussions about minor items. As long as no voting or decision making is taking place, Board members should be able to communicate without a members meeting , IMHO. Boards do have day to day operations of the association to handle and being tied to "meetings" makes this difficult.

Hey Robert,
You are so right and isn't it a shame that is what we have become as human beings towards each other. Fortunately, we still have to give people the benefit of doubt that they are doing the right thing. And we know there will always be those who take our right to trust our fellow members away. But we still do the best that we can. There are good Boards and bad Boards and we do the best we can with what we have. As a Board member myself, I try harder to solve problems without having to let them get to a point where we need Board decisions to get resolution.

robert: emails with separated time stamps could be defended as two separate board members communicating with each other. hthis doesn't seem like a "meeting" or decision making. Instant messaging, however, would be two board members having a conversation.

THe latter, while difficult to prove, could meet part of the definition of a meeting under florida's statute.

Some states have ruled that email communications between officials violate open meeting laws. Those laws don't apply to HOA's (per say), however, the legal principals might.

It is an area in which caution should be taken.

GeraldT4

Your bylaws may so state, but may not be valid. Check the state law governing your owners association and search for "action without a meeting" in the chapter on board. You will likely find that unanimous written consent is required.

I've spent the last 3 weeks attending various seminars and classes at law firms and CAI regarding THIS issue and many others.

What the attorneys are saying (and I've heard more than 4 say this in the past week!) - email communications are okay, but keep to a minimum and don't go into full discussions. HAVE a meeting if you need to discuss (and if you vote via email you should have a waiver for the right to a meeting to cover yourselves.) ALL the email correspondences are official and legal HOA documentation, so your BOD Secretary needs to maintain a copy of them. AND for full disclosure, if you vote on something via email, all the correspondence should be attached and reshown to everyone at your next meeting and made part of the official minutes so as to ensure full disclosure to the HOA and no appearance of secret conversations or trying to appear as if you are in executive session. Also, EVERYONE needs to have their vote in writing - no one can be called and just have the secretary or another document the response. So - anyone without email needs to have a fax or hand delivered document to write on.

and to go full circle, and drive the legislators crazy, let's not forget text messaging between phones, pagers, etc...

easily used to communicate, even discuss and persuade voting, and in some cases, not printable.

then finally, remember old school stuff: hand signs, secret signals.
A wink of the eye, a finger to the side of the nose, and the vote is taken... words unsaid, thousands of them, without a sound.