TELECONFERENCE BOARD MEETINGS FOR HOAs & CONDOS???

Here is more information on Meetings Under the New Law for HOAs and Condos in CA. Follow this and my other blog called California Condo and HOA Law Blog – both are accessible on the main page of my website at www.californiacondo.guru.com, as is tons of other free and low cost information and resources!

I’ll save you a trip this time to the other blog and post the same message today that I posted there (because this is important stuff and the more that HOA and Condo Boards and Members know, the smoother things should run). Stay out of trouble!

Teleconference meetings: Board meetings can be held by teleconference so long as all board members can hear each other and discuss and vote on matters at the same time. For teleconference
executive sessions, as for executive sessions held in one room, two days notice must be given to members (this is 2 days BEFORE the meeting, not after) and the date, time, place and purpose of the meeting must be noted in the minutes of the next regular open board meeting. This does not mean owner/members can
attend – these meetings are for the board to discuss executive session privileged items. Note that for regular open board meetings and special board meetings, notice must be made at least 4 days before the meeting for members. For emergencies that qualify under the statute (must be something the board
did not know about ahead of time or could not really have anticipated, but that needs immediate consideration) no notice is required to owner/members. For teleconference meetings that are not executive sessions or emergency meetings, there must be a specific location given in the notice where owner/members can come and hear the discussions and there must be at least one board member
present. Why? Because the law says so, and so the board member can conduct the usual forum when members can address the board. All directors must be able to hear members that speak during the forum time.

At a recent seminar, I was speaking about these new laws and the practical aspeccts and was asked if it would be okay for the board to simply notify all members to sign in at a “gotomeeting” site so all could be
present that way. All I can say is the statute requires a site location and one board member to be there. That does not preclude allowing members to be notified of how to sign in remotely, but it does require a site. And the requirements are for audio at a minimum where all can hear each other. Video is optional but audio is not. Thus, board meetings can be held by teleconference with an onsite location (yes, it could be in a residence) with a speaker phone, assuming the site is not in violation of the bylaws and the resident board member lets members who want to attend in, and arranges for them to hear the conversations.

What do ya know? I have been telling boards this ever since the corporations code allowed telephonic conference call meetings!

And note, these new laws relate to board meetings, not membership meetings or elections.

 

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2 Responses to TELECONFERENCE BOARD MEETINGS FOR HOAs & CONDOS???
  1. Jean-Marc Fortier
    February 15, 2012 | 3:50 am

    our HOA board of Directors insist they have NO obligation to provide teleconference service for members of the association to attend board meetings even if Directors will be attending via teleconference… after reading and rereading our bylaws i find the following “any regular or special meeting of the board MAY be held via teleconference…. Arrangements SHALL be made to enable any Member who desires to listen to the electronic meeting of the Board to be able to do so.” is this a case of stubborn Directors having a narrow interpretation of SHALL? anything the members can do about it, besides recall and/or amending the bylaws to say MUST or ‘have a duty to’ ? any request to obtain teleconference details after receiving the meeting notice have been met with “we are NOT required to provide teleconference”.

    • Beth Grimm
      April 10, 2012 | 9:55 pm

      The Boards in California do not have a duty to provide teleconference options for owners when the board meets via teleconference, but there is a requirement that they provide a location where owners can attend and hear the conversations of the board members, and address the board members in the usual forum time set by the associtaion.