HOAleader.com - Tip of the Week - November 23, 2018
Published: Fri, 11/23/18
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Should Your Condo or HOA Stop Holding In-Person Meetings Altogether?
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In this week’s tip, we ask whether you’d want the opportunity to do what a new Virginia law, House Bill 1205, permits. That’s to allow allows nonstock corporations—and in that state, community associations are nearly always nonstock corporations—to conduct annual and special meetings of members electronically if their governing documents don’t require the meetings to take place at a particular location.
That doesn’t mean you can allow people to call into the physical space at which the meeting is taking place. It means your meetings don’t need to be in any place at all but the cloud.
This isn’t the law in all states, and Virginia may be in the lead on changing its laws on this front.
“I don’t think the statute in Florida permits a meeting where the board itself wouldn’t be physically present,” opines Greg Scott, a partner at Nason, Yeager, Gerson, White & Lioce in Palm Beach Gardens, Fla., who has represented about 150 community associations over his 30-year practice in the field. “The exception is where there’s a government-declared state of emergency, such as a hurricane or other circumstance. Otherwise, at this point, I think there has to be a physical attendance.”
It’s also something not happening among the Texas clients of Mary Arnold, CMCA®, AMS®, the Austin, Texas-based national director of training and community association management support at RealManage, an association management firm headquartered in Dallas, Texas, that oversees properties in Arizona, California, Colorado, Florida, Louisiana, Nevada, and Texas.
“Where everybody is remote?” she asks. “I’ve not see that. Because so many members can’t make meetings, what’s becoming more and more the trend is electronic voting. Boards still have to hold the physical meeting, but when you walk into the meeting, you’ve already had enough people voting online that you have your quorum established. That’s always a challenge because attendance is historically quite low.”
Could Arnold’s clients eliminate an in-person meeting entirely? “Most documents I see still require a physical meeting,” she notes. “I could see the benefit of changing that. But if it’s allowed by law or the documents, I’d still suggest having the meeting using a webcam where people can see others; that can help people see others’ faces and expressions.”
Ah, but other states do permit what Virginia now permits. Read about the pros and cons in our new article:
https://www.hoaleader.com/members/3823.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Virginia Allows Electronic Meetings; Is a Totally Remote Condo/HOA Meeting Wise?
A new Virginia law, House Bill 1205, allows nonstock corporations--and in that state, community associations are nearly always nonstock corporations--to conduct annual and special meetings of members electronically if their governing documents don't require the meetings to take place at a particular location.
Click here to read full article:
https://www.hoaleader.com/members/Virginia-Allows-Electronic-Meetings-Totally-Remote-CondoHOA-Meeting-Wise.cfm
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HOA Asks: We Know We're Prohibited from Doing This; Can We Do It Anyway?
In this week's tip, we answer a reader's request that goes something like this: We have whitetail deer on our HOA grounds, and we need to cull the herd, but our governing documents don't permit that. Mother, may we do it anyway?
Click here to read full article:
https://www.hoaleader.com/members/HOA-Asks-We-Know-Were-Prohibited-from-Doing-This-Can-We-Do-It-Anyway.cfm
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When Can You Waive Provisions in Your Condo/HOA Governing Documents (to Allow Hunting)?
A board member asks, The short version of this is that our CC&Rs prohibit hunting on our properties, being more restrictive than the county rule, which allows hunting if you own 10 acres or more. Our association has exotic animals along with whitetail deer. We trap our exotics as necessary; there are no state rules on exotics.
Click here to read full article:
https://www.hoaleader.com/members/When-Can-You-Waive-Provisions-in-Your-CondoHOA-Governing-Documents-to-Allow-Hunting.cfm
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Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
Enforcing rules doesn't have to be a pitched, tense, and unpleasant battle between your homeowner association board and your homeowners. With some smart planning, you can make enforcing your HOA's rules fairer, quicker, easier, and less stressful. Watch this in-depth webinar led by two community association experts: a lawyer with more than a decade of hands-on experience in advising associations on how to create and enforce rules, along with a veteran association manager and recognized educator with insights on the day-to-day operations of rules enforcement. You'll get practical ideas, systems, and processes you can begin to take advantage of at your association the minute the webinar ends.
Click here to read full article:
https://www.hoaleader.com/products/easier-enforcement-of-hoa-rules-b.cfm
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6 Steps to Safeguarding the Personal Info Your Owners' and Residents' Give Your Condo or HOA
In this week's tip, we ask if you're doing enough to protect your owners' and residents' personal information. Here's the deal: You likely have your owners' and residents' email addresses. Phone numbers, too. Certainly mailing addresses, right? And you may have more than that depending on the amenities and services your condo or HOA offers. For instance, you may also have a credit card on file to pay for incidentals at your clubhouse.
Click here to read full article:
https://www.hoaleader.com/public/6-Steps-Safeguarding-Personal-Info-Your-Owners-Residents-Give-Your-Condo-or-HOA.cfm
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