Do E-mail Exchanges Constitute A Meeting Of The Board? (CA)

In LNSU#1, LLC v. Alta Del Mar Coastal Collection Community Association,94 Cal. App. 5th 1050, 312 Cal. Rptr. 3d 707 (2023), two homeowners in a common interest development argued that their homeowners’ association violated state law governing open meetings when certain directors discussed items of association business by e-mails without giving all association members notice […]

Upholding Decorum: Navigating Conduct at Association Board Meetings

Association board meetings are formal meetings where the board of directors conducts business. However, these gatherings can sometimes become arenas for discord, where conflicts escalate and civility wanes. Upholding decorum at association board meetings is paramount to fostering an environment of respect, collaboration, and effective decision-making.   Read the article…………………………….

Nightmare Board Meetings (MI)

We have all been there at some point – a nightmare board meeting. This is the meeting that never seems to end. It is unorganized and chaotic. A nightmare meeting is the meeting where Ms. Smith, the longtime resident, shows up with a laundry list of complaints and completely derails the board’s meeting agenda. It […]

Homeowner says it’s time to ditch Zoom meetings (NV)

Q: It’s been four years since COVID, and quite frankly, I’m tired of hearing excuses from lazy people who refuse to convene as normal. And while I understand the convenience of Zoom meetings, they are not without fault and major issues.   For one thing, there will always be “technical” difficulties. It’s the internet, after all.  […]

Virtual Board and Member Meetings (CA)

Good news for directors and managers who hold virtual meetings but hate the hassles that come with hybrid meetings: you can legally hold solely virtual meetings! Read on for details.  Associations have been using virtual video communications platforms like Zoom, GoTo Meetings, and Microsoft Teams for the last few years to hold board and member […]

What’s on Your Agenda? (FL)

Over the last several months, several questions concerning agendas have resurfaced. For ease of reading, I have listed some of these questions below with a shortened version of my responses.    Read the Q&A………………………………..

Association ‘Sunshine Laws’ Questioned (FL)

Q: I was recently elected to the board of my condominium association. I thought we had to follow Florida’s sunshine laws, but our long-time president said this is not true. She claims we can meet whenever we want as long as no votes are taken, or assessments are not going to be made. Is this […]

Why the Chair Never Asks “Is There Any Old Business?”

At some point in some board meeting, you’re likely to hear a presiding officer ask, “Is there any Old Business?” and wait for a reply. It’s intended as an opportunity for members to raise issues that were addressed at an earlier meeting. The problem with this question is twofold    Read the article…………………………….

What is The Open Meeting Act? (CT)

The Open Meeting Act, also known as the Sunshine Law, aims to enhance accountability and transparency in governing bodies. It mandates that all meetings of homeowners associations, including board and yearly meetings, must be accessible to all members.   Read the article……………………………

HOA Board Meetings: Things You Need to Know (AZ)

Homeowners Association (HOA) board meetings are pivotal in shaping the community’s future. These gatherings are where important decisions are made, impacting everything from property values to community standards. Understanding the nuances and legalities of these meetings, including hoa meeting requirements, is essential for effective participation and community development.   Read the article…………………………..

HOA Homefront: Do we have to Zoom? (CA)

Q: I’m still confused about holding board meetings. We use Zoom for our meetings as we have no convenient place to meet in person. Is it a hard and fast rule that we must hold an occasional in-person meeting somewhere? If so, what if I offered to meet with any homeowners at the pool to […]

HOA Homefront: Do We HAVE to Zoom, readers ask? (CA)

Q: I’m still confused about holding board meetings. We use Zoom for our meetings as we have no convenient place to meet in person. Is it a hard and fast rule that we must hold an occasional in-person meeting somewhere? If so, what if I offered to meet with any homeowners at the pool to […]

Does an Exchange of Emails Constitute a Board Meeting? (CA)

Under the California General Corporation Law, a board of directors can take action in two different ways – at a meeting or by unanimous written consent. See Cal. Corp. Code § 307. Over a decade ago, I posed the question of whether a director could consent by email.    Read the article…………………………….

HOA Homefront – Ideas and modifications for purely virtual meetings (CA)

In 2024, Civil Code 4926 will permit 100% virtual meetings along with the current in-person and hybrid meeting formats.  Readers have submitted numerous questions since the pandemic (and explosion of virtual meetings) began regarding what is allowable for virtual meetings.   Read the article………………………………

AB 648 Signed! Virtual HOA Meetings (CA)

On September 22, 2023, Governor Newsom signed AB 648 into law to finally permit homeowners associations (“HOAs”) throughout California to conduct board meetings entirely be teleconference (aka “virtual meetings“). While existing law permits an HOA to conduct teleconference meetings, HOAs are still required to specify a “physical location” for the meeting at which members or […]

Navigating Common Challenges in Community Association Meetings

Community association meetings are pivotal in fostering communication and decision-making among residents and board members. These gatherings, however, are not immune to common problems that can hinder their effectiveness and efficiency. This article will delve into some of these challenges and offer practical solutions, ensuring that community meetings serve their intended purpose.   Read the article…………………………..

Email Discussions Between HOA Board Members are not “Meetings” (CA)

The Open Meeting Act (“OMA”) contains various provisions regulating how the Board of Directors of a homeowners association (“HOA”) may meet and conduct business. One of the most common questions we receive pertains to whether e-mail exchanges between Board members on items of HOA business constitute a “board meeting” under the OMA, even if those […]

Court Rules Email Exchanges Without Board Action Are Not Board Meetings (CA)

The Court of Appeals for the Fourth Appellate District just held that an email discussion among board members regarding items of association business did not violate the Open Meeting Act, because such email exchanges are not considered “board meetings” as that term is defined in Civil Code section 4090(a).    Read the article………………………..

Who Can Attend HOA Board Meetings? (CA)

HOA board meetings stand as vital gatherings, serving as a cornerstone for addressing community matters, making consequential decisions, and fostering open communication among members. The HOA board should be committed to ensure that these meetings are transparent, inclusive, and productive.   Read the article………………………..

Can HOA Board Members Meet in Private? (CA)

Within homeowners associations, the question of whether HOA board members can meet in private often stirs curiosity and concern. In this article, we’ll explore the intricacies of private meetings for HOA board members and shed light on the legal and ethical considerations that must be considered.   Read the article………………………..

Update: Condo/Co-Op/HOA Meeting Agendas & Notice Requirements

Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference.  Read the article………………………..

Yay, Nay, or Abstain? (OH)

Board members hold a crucial responsibility of making day-to-day decisions for the association and planning for future projects. These decisions often involve complex matters such as hiring contractors, determining assessments, taking enforcement or collection action against fellow owners, and setting an annual budget. Despite the potential unpopularity of some decisions, board members are obligated to […]

10 Tips to Ensure a Well-Run Hybrid Meeting (ON)

For over 3 years now, most owners’ meetings have been held virtually. Technology has drastically improved, lessons have been learned, and changes have been implemented by virtual meeting host platforms to improve the overall experience of participating in a virtual meeting.   Read the article………………………..

Dos & Don’ts For Hosting Guest Speakers At Your HOA Board Meetings

Homeowners’ association (HOA) board meetings are important—they’re where business is conducted, operations are reviewed, and plans are discussed. These meetings are necessary for the overall development of a community, but they often lack attendance and participation. That’s why many boards choose to invite a guest speaker. A guest speaker can make a meeting more engaging […]

Update: Condo/Co-Op/HOA Meeting Agendas & Notice Requirements (FL)

Florida laws governing community associations require notice of meetings to encourage owner participation. Here is a helpful guide summarizing the notice requirements under statute; however, this guide is not intended to be all inclusive and is only for general reference.   Read the article………………………..

Bringing the Strategic Power of One-Degree Shifts to Your HOA Board Meetings

Running an HOA board meeting is no simple task–it’s easy to get caught in the weeds and risk losing track of time or missing an important topic. Determining all of the things that need to be discussed and decided upon can be overwhelming. But it doesn’t have to be.   Read the article………………………..

7 Tips to Make Your HOA Board Meeting More Productive

HOA board meetings are critical to the smooth running of any community; topics discussed here include finances, rule enforcement, operations, maintenance, and vendor hire.  In other words, the continuation and success of HOAs lie in the efficiency of board meetings.    Read the article………………………..

Planning & Preparing for Effective Meetings (CA)

Ineffective meetings in common interest developments, especially when addressing sensitive topics, can easily devolve into shouting matches, threats, and even news coverage. Fortunately, these meetings are rare. More common is apathy or frustration with how business is conducted, which results in very few homeowners attending association meetings, even when important topics are discussed.    Read the […]

Tips For Managing The Open Forum In Your HOA Board Meeting

A board meeting is one of the most common gatherings held in a community with a homeowners’ association (HOA). Typically hosted monthly or quarterly, elected leaders meet to conduct association business, discuss operations, set policy, report on maintenance, dispute resolutions, review future plans, and more.    Read the article………………………..

HOA Homefront — Getting board meetings in order

Unruly board meetings may be the most discouraging part of HOA living. Mature homeowners avoid such meetings, managers fear such meetings, and directors cannot even discuss the agenda without interruptions. When normal manners and courtesies are abandoned, meetings end in frustration.  Read the article………………………..

HOA Homefront — Getting board meetings in order

Unruly board meetings may be the most discouraging part of HOA living. Mature homeowners avoid such meetings, managers fear such meetings, and directors cannot even discuss the agenda without interruptions. When normal manners and courtesies are abandoned, meetings end in frustration   Read the article………………………..

5 Ways to Make Your Board Meetings Productive

Community association board meetings can be intense. Strong opinions and clashing egos can make it difficult for boards to stick to an agenda and accomplish their objectives. Thankfully, there are ways to navigate these stressful situations and adhere to the business at hand.   Read the article………………………..

5 Ways to Make Your Board Meetings Productive

Community association board meetings can be intense. Strong opinions and clashing egos can make it difficult for boards to stick to an agenda and accomplish their objectives. Thankfully, there are ways to navigate these stressful situations and adhere to the business at hand.    Read the article………………………..

Digital Decision Making: Community Association Board of Directors Can Conduct Business Electronically

In recent years, as work, entertainment, and socializing have migrated online, community association governance is following suit. Traditional face-to-face meetings do not always offer the same convenience and accessibility as digital communication technologies. There are several electronic platforms that Boards have begun utilizing, such as Messenger, Zoom, Microsoft Teams, Slack, and even WhatsApp, just to […]

Conducting a Vote Without a Meeting (WA)

Community association boards often ask me whether they may conduct a vote without a meeting. Washington state law does permit this, but only under the conditions stated below. If your board has questions or concerns about how to interpret and apply this law, then it should consider contacting my office to obtain guidance.   Read the […]

HOA Board Meetings, Everything You Need to Know

Homeowners Associations (HOAs) comprise a Board of Directors responsible for managing the community. A key component of effectively managing a community is the regular meetings of the Board of Directors. These meetings are vital for the success of a community since they provide a platform for discussion and decisions that shape the community’s future.  Read the […]

Are HOA Secret Meetings Allowed From Time To Time?

Now and then, the HOA board will meet to discuss association matters and vote on issues. But can the board do this without notifying owners? Are HOA secret meetings allowed?   Read the article………………………..

HOA Homefront — HOAs still refusing to meet in person (CA)

Q: It seems our HOA is hiding behind an overused COVID excuse to hold their meetings virtually. Is there currently a requirement for these meetings to be exclusively virtual? Has such a past law been repealed or expired so that we are back to in-person?   Read the Q&A……………………………….

Community Myth Busters: Informal Board Meetings Are As Real as a Unicorn (CO)

There is little difference between a unicorn and the right of a Colorado Common Interest Community (“CIC”) to hold an “informal board meeting.” While most people have heard of them, they do not really exist. A legally cringeworthy response to whether minutes were taken at a Board meeting is: “But that was just an informal […]

POA board videos removed from YouTube (AR)

Streaming meetings of Hot Springs Village Property Owners’ Association Board of Director might continue on YouTube, even though it appears board meetings have been removed from HSVPOA’s YouTube channel.   Read the article………………………..

Digital Decision Making: Community Association Board of Directors Can Conduct Business Electronically

In recent years, as work, entertainment, and socializing have migrated online, community association governance is following suit. Traditional face-to-face meetings do not always offer the same convenience and accessibility as digital communication technologies. There are several electronic platforms that Boards have begun utilizing, such as Messenger, Zoom, Microsoft Teams, Slack, and even WhatsApp, just to […]

Since COVID HOA refuses to hold regular meetings (NV)

Q: There are some issues with our management company that need to be resolved. 1. We have not had a regular meeting since COVID hit. Everything since then has been virtual. By now we should be back in regular session but calls to management fall on deaf ears. Calls to complain either get no response […]

How To Run A Condo Board Meeting (ON)

It can be difficult to navigate the complexities of running a condo board meeting. However, with a few tips and tricks you can make sure your meetings are effective and run smoothly.  Read the article………………………..

Condo Q&A: Recordings of Zoom meetings may be inspectable records (FL)

Q: Many Associations have used Zoom meetings due to COVID. While in-person meetings are now more prevalent, associations continue to use Zoom in conjunction with their in-person meetings. If the public association meeting is recorded (I personally made the request) via Zoom, does the president have the right to state: “The recordings are made expressly […]

What Is The HOA Open Meeting Act? Are There Guidelines?

While the Open Meeting Act does not universally apply to homeowners associations nationwide, it is still worth understanding what this law entails. In doing so, HOA boards can conduct more effective and collaborative meetings.   Read the article………………………..

3 Steps to More Efficient Board Meetings

Community association board meetings are the primary forum for directors to make formal decisions that affect the community. With so many moving parts and topics to discuss, running effective meetings that make the best use of everyone’s time can be challenging. Here are three strategies for running efficient meetings.   Read the article………………………..