More on Meetings Under the New Law for HOAs and Condos in CA
Here is some more info on holding proper board meetings after the new laws in California took effect 1/1/2012:
Teleconference meetings: Board meetings can be held by teleconference so long as all board members can hear each other and discuss and vote on matters at the same time. For teleconference executive sessions, as for executive sessions held in one room, two days notice must be given to members (this is 2 days BEFORE the meeting, not after) and the date, time, place and purpose of the meeting must be noted in the minutes of the next regular open board meeting. This does not mean owner/members can attend – these meetings are for the board to discuss executive session privileged items. Note that for regular open board meetings and special board meetings, notice must be made at least 4 days before the meeting for members. For emergencies that qualify under the statute (must be something the boarsd did not know about ahead of time or could not really have anticipated, but that needs immediate consideration) no notice is required to owner/members. For teleconference meetings that are not executive sessions or emergency meetings, there must be a specific location given in the notice where owner/members can come and hear the discussions and there must be at least one board member present. Why? Because the law says so, and so the board member can conduct the usual forum when members can address the board. All directors must be able to hear members that speak during the forum time.
At a recent seminar, I was speaking about these new laws and the practical aspeccts and was asked if it would be okay for the board to simply notify all members to sign in at a “gotomeeting” site so all could be present that way. All I can say is the statute requires a site location and one board member to be there. That does not preclude allowing members to be notified of how to sign in remotely, but it does require a site. And the requirements are for audio at a minimum where all can hear each other. Video is optional but audio is not. Thus, board meetings can be held by teleconference with an onsite location (yes, it could be in a residence) with a speaker phone, assuming the site is not in violation of the bylaws and the resident board member lets members who want to attend in, and arranges for them to hear the conversations.
What do ya know? I have been telling boards this ever since the corporations code allowed telephonic conference call meetings!
And note, these new laws relate to board meetings, not membership meetings or elections.