Does your Board use emails to make decisions? Below is an article from the Davis-Stirling.com Newsletter by Adams Kessler regarding the business of HOA Board and Emails.
CONSULTANT’S EMAIL TO DIRECTORS
QUESTION: As a vendor, we email our reports to the manager and copy the entire board. The manager told us to stop because it violated the Davis-Stirling Act. Is that true?
ANSWER: No, it’s not true. Sending information to the board does not violate the Open Meeting Act. It is perfectly acceptable for community managers, consultants, vendors, and attorneys to report to the board by email on projects or litigation so the board can monitor their progress.
Noticed Meetings. It would, however, be a violation if the board discussed the information and made decisions by email. Unless it is an emergency, the board must hold properly noticed meetings to discuss and make decisions related to board business.
BOARD INSTRUCTIONS TO REPRESENTATIVES
QUESTION: Our community has over 550 homes with one master association and multiple subassociations. How can a subassociation board communicate their preferences to their representatives on the master board yet stay within the law, especially with time constraints regarding posting of agendas by the master?
ANSWER: Just as receiving information via email (described above) is permissible, sending instructions to your representative via email is permissible. Neither is a violation of the Davis-Stirling Act.