💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

IreneC (North Carolina)
Posts: 111
Posted:
Our board is in an uproar over the last postings issues. It is clear that you CAN interpret the email we got from our president to OK action of a renewal of a business contract as BUSINESS without a meeting. Grant it, we could of just said ok move forward etc. but this issue of email is ongoign, the board manger, and president still persist.

I forward them the exerpt of the DSA regarding actions without meeting and yes, they got defensive. One called me Preaching again?

Since I can not control the rest of the boards actions, I will not vote unless it is a proper meeting, with minutes to document our actions. It is just ILLEGAL.... and as simple as it sounds, our hard headed board members are having one hellll of a time wrapping their heads around it

We can not discuss items without proper meeting, posted with agenda items. We can do an action without a meeting but the above referred email was not presented as such...

BradP (Kansas)
Posts: 2,640
Posted:
Irene:

that is about all you can do, state your objections on the record at a meeting and don't vote or discuss business outsideof meetings and remind them it is illegal to do so.

They can only claim ignorance up until they are informed it is wrong, even then ignorance is no excuse.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Irene,

You are smart to excuse yourself from a vote and make certain you state for the record the reason, as Bruce advises. If a member should take the board to court over this you will be able to excuse yourself from the lawsuit and any liability. I believe if the board willfully commits an illegal act they can be held personally accountable. The fact that you informed them of the illegality of their actions means they did it willfully, i.e. with no regard for the law.
BradP (Kansas)
Posts: 2,640
Posted:
Irene:

You may want to remind your board that willful acts of misconduct are usually not covered by your insurance company should a lawsuit ever come across, that scare might be enough to set them straight.
IreneC (North Carolina)
Posts: 111
Posted:
Brad this is actually going to be discussed amongst everyone at our next board meeting. We ( another board member) and I both want it in the minutes, because.. this issue of emailing for ok's. input, opinions ect. has to stop. Its against the law. We have asked only to recieve info as needed for updates NO board business.. yet it persists.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here