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EMAIL BOARD
MEETINGS
 QUESTION:
According to the new law, boards can no longer make decisions by email.
Can we still discuss business by email but not vote by email?
ANSWER: Not anymore. Starting January 1, boards cannot discuss board business or make decisions via email unless it is an emergency.
No Discussions.
Changes to the Open Meeting Act state that boards of directors "shall
not conduct a meeting via a series of electronic transmissions,
including, but not limited to, electronic mail." (Civil Code §1363.05(j)(2)(A)).
A "meeting" is then defined to include hearing, discussing or
deliberation by a majority of the board on any item of business within
the authority of the board (Civil Code §1363.05(k)(2)(A)).
Emergency Meetings.
Emergency meetings are exempted from the prohibition against email
discussions and votes. An "emergency meeting" is defined as one where
there
are circumstances that could not have been reasonably foreseen which
require immediate attention and possible action by the board, and which
of necessity make it impracticable to provide notice as required by this
section. (Civil Code §1363.05(g)).
Email. "Electronic
transmissions may be used as a method of conducting an emergency
meeting if all members of the board, individually or collectively,
consent in writing to that action . . ." (Civil Code §1363.05(j)(2)(B)).
Teleconference.
If one or more directors refuses to consent to an action via email, the
president or any two directors may convene an emergency meeting (Civil Code §1363.05(g)) where directors physically gather in a single location or meet via teleconference. (Civil Code §1363.05(k)(2)(B)).
Once a quorum is present, the proposed emergency action can be approved
by a majority of directors present. Assuming a five member board, if
four directors attend, three must agree to the proposed action; if three
directors attend, two must agree.
Minutes. If a paper document
is prepared, circulated and signed, it must be made part of the minutes
of the next open meeting of the board. If the consent was done by
email, the email describing the emergency action together with the email
approvals by each of the directors must be printed and filed with the
meeting minutes. (Civil Code §1363.05(j)(2)(B)).
Only the signed consent needs to be filed with the minutes--not the
discussion. As with regular meeting minutes, the minutes should reflect
the action taken by the board, not a transcript of the discussion.
MEMBER ATTENDANCE
AT VIRTUAL MEETINGS
 Starting
January 1, 2012, a majority of the members of the board, in different
locations, may attend board meetings electronically. For open meetings
of the board, notice of the electronic conference must identify at least
one physical location so that members of the association may attend. At
least one member of
the board must be present at that location. Participation by board
members in an electronic conference constitutes presence at that meeting
as long as all board members participating in the meeting are able to
hear one another as well as members of the association who wish to speak
on matters before the board (i.e., Open Forum). Civil Code §1363.05(k)(2)(B).
MINUTES TO RENTERS
QUESTION: Is there anything prohibiting an association from giving meeting minutes to renters? Is it a good or bad idea?
ANSWER:
There is nothing in the Davis-Stirling Act that either prohibits
renters from or entitles them to receiving minutes (or any other HOA
records). I see no harm in providing minutes to renters. As residents,
renters may have an interest in participating in the affairs of the
association (I'm referring to business affairs) and want to contribute
by joining a committee.
If a renter becomes disruptive, the
courtesy of providing minutes can be withdrawn. One caveat--some
associations have no requirement that directors be members of the
association. In those situations, renters can be elected to the board of
directors. Once elected, they would be entitled to the minutes, books
and records of the association as would any other director.
FEEDBACK
Robert's Rules.  Thanks
for mentioning the new 11th edition of RONR. My wife and I, both
members of the National Association of Parliamentarians, just returned
from the biennial convention in Florida, where the new edition was
officially released. There is an "In Brief" edition of RONR, with an
11th edition updating. It is much more suitable for persons who just
want to know and use good parliamentary procedure, without getting into
the nitty-gritty details that seldom come up. It is available, along
with the full version, through this link to the NAP Online Store. -Bob Hall, NAP Webmaster, just retired.
Speed Bumps.
We're in a 55+ community and considered speed bumps about 10 years ago.
We wound up with humps which are gentler but serve the same purpose. We
didn't think that the bumps used in shopping centers were appropriate
here and the humps have worked out very well. -Steve K.
Speed Bumps.
Speed bumps are silent policemen for communities. Good bad or
indifferent, they work. You slow down or risk tearing up your car,
jarring your kidneys and cracking your teeth. Speed humps with a gradual
rise and fall that slow vehicles are easier on everyone and do the job
just fine. I feel the speed bumps are a necessary evil in some
communities and it is fitting they be used, especially if the community
has young kids that use the streets. -Jack S.
Plumbing Repairs.
Because our building is 35 years old, we assume a plumbing drain
problem inside a unit extends to the entire line. So instead of
repairing the immediate problem, we replace the line serving the unit
and the units above and below. We allocate $8,000 per year for
unidentified plumbing work in the Reserve Study. We attack the problem
from the outside of the building wherever possible to minimize the
inconvenience of repairs inside units. This almost always requires
removal and replacement of stucco, but it is no worse than cabinet,
drywall, painting inside the unit. It is much easier to coordinate work
on the outside which means it gets done sooner. This policy has
virtually eliminated weekend plumbing emergencies. -Mike G.
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