Real Estate & Property Law

HOA - Condo Board Voting by Email - What Are the Chances?

Here is a recent question posed to me via email about board voting:

"When the Board votes by e-mail, is it required that ALL Board members cast a vote or is it acceptable to consider the matter approved if the majority of the Board voted to approve while some Board members did not cast a vote?"

Easy answer in California, and probably elsewhere:

It's not okay to vote by email.

And, furthermore, it's not appropriate to vote by a telephone "tree".
And surprise: It's not okay for any board member to vote on board actions via proxy either!

That is not to say that internet meetings or telephone meetings are out of the question. But in California, if an association documents do not prevent it, corporate boards (most HOAs and Condo Associations are corporations in California) can meet through modern means such as the internet or telephone conferencing. It is important to know the rules, and also critical to make arrangements so owners can "attend" and exercise their rights to address the board - at least as to all required open board meetings.

And finally, although "written unanimous consent options" are somewhat commonly available, the option should be used sparingly, and the word "unanimous" is key.

Full post as published by California Condo & HOA Law on February 18, 2010 (boomark / email).