HOAleader.com - Tip of the Week - February 20, 2015
Published: Fri, 02/20/15
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Everybody Agrees, So No Need for an HOA Board Meeting...
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An HOAleader.com reader asks if it’s OK to make decisions without a meeting
if there’s unanimous consent for the action.
The question arises because the reader mentions a provision of the Maryland
Condo Act, 2-408(c). It states, “Any action required or permitted to be
taken at a meeting of the board of directors or of a committee of the board may
be taken without a meeting if a unanimous consent which sets forth the action
is: (1) Given in writing or electronic transmission by each member of the
board or committee; and (2) Filed in paper or electronic form with the
minutes of proceedings of the board or committee.”
That provision seems to say that boards can make decisions without
meetings. Is that accurate? “Yes,” says Bob Kmiecik, a partner at Kaman &
Cusimano LLC, which represents associations throughout Ohio. “In Ohio, we
have a similar statute that basically states that all board action must take
place at a meeting, by telephone, or by something like Skyping, where all
board members can hear one another and debate the issue. The only time where
action can be taken otherwise is with writing, which includes email
correspondence, with unanimous consent. And that’s when everybody
agrees.”
That’s also the case in Washington. “Yes, boards can do this,” says Kevin
Britt of The Law Office of Kevin L. Britt, who specializes in representing
associations in Seattle. “The key there is simply whether this all has to be
in the form of a written document or whether an e-document is acceptable. By
that I mean whether it’s sending emails from each board member, or whether
each board member must sign a single document or submit a letter stating they
approve. There are a number of different ways this can be done.”
Britt says what he typically sees is that boards make decisions this way by
sending all board members an email. “But email is tricky because not all
states allow decisions to be made that way or votes to be submitted that way,”
he warns. “In Washington, there has to be something submitted in advance
showing those board members are consenting to receive notice and submit
votes this way.”
What’s needed to make this process legit? Find out, along with when not to use
this tactic, in our new article:
http://www.hoaleader.com/members/1138.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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What's Unanimous Consent, and When Can You Deploy It?
An HOAleader.com reader recently asked when a board could fail to notify a
fellow member of a vote. As a follow up, here we discuss another part of the
reader's question: When and how can boards act without a meeting?
Click here to read full article:
http://www.hoaleader.com/members/Whats-Unanimous-Consent-When-Can-You-Deploy-It.cfm
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Don't Brew Up Trouble at Your HOA Board Meetings
If your homeowner association is small and your meetings are at a unit
owner's home, or if your association is large and your meetings are at a local
bar or restaurant, what's the harm in board members having a glass of wine or a
cocktail? Here we discuss the pros and cons.
Click here to read full article:
http://www.hoaleader.com/members/Dont-Brew-Up-Trouble-at-Your-HOA-Board-Meetings.cfm
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Tips for Tabling: When It's OK to Use This HOA Meeting Procedure
In this week's tip, we explain the time-honored tradition of "tabling" an
item during a meeting. Is that a real tactic or something made up over the
years?
Actually, it's real. Tabling an issue is a long-standing practice
recognized for organizational meetings. "Tabling is a real and valid
parliamentary procedure," says Bob Kmiecik, a partner at Kaman & Cusimano
LLC, which represents associations throughout Ohio. "Usually when it's
done, it really means to set aside an issue for consideration at a later time,
usually because you need more information."
Click here to read full article:
http://www.hoaleader.com/members/Tips-for-Tabling-When-Its-OK-Use-This-HOA-Meeting-Procedure.cfm
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How to "Table" an Issue Without Triggering an Approval by Inactivity
An HOAleader.com reader writes, "So here's the scenario. (It's a new HOA in
Washington state.) A request is brought before the [architectural review
committee] for a variance. Concerns over bylaws and authority arise. The
committee tables the request until the board can meet (three days) to
discuss the concern.
Click here to read full article:
http://www.hoaleader.com/members/How-Table-Issue-Without-Triggering-Approval-by-Inactivity.cfm
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Are You Asking Your HOA Manager to Do Too Much?
An HOAleader.com reader has asked what exactly a board can expect from its
manager. In this week's tip, we begin answering that question by discussing
the two types of HOA managers.
"The reader's answer depends on the type of management associations are
looking for," says Duane McPherson, president of corporate development
for CiraConnect, which provides management companies, developers, and
large-scale self-managed associations with a cloud based software
solution and back-office shared service.
Click here to read full article:
http://www.hoaleader.com/members/Are-You-Asking-Your-HOA-Manager-Do-Too-Much.cfm
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