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09/19/2008 02:05:42 PM · #1 |
I know, stupid question, but it seems like DPC is always a wealth of knowledge so I'm looking for a legal yes or no (but of course all opinions are welcome).
Say a state law said all HOA meetings had to be open to the owners, but your HOA board was conducting business over email, are they in violation of the law? Can an email chain where all the board members are included, they discuss board business and they make board decisions be considered a meeting? (if so obviously the meeting is not open to the owners...)
Thoughts?
Any lawyers care to toss in an opinion?
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09/19/2008 02:48:25 PM · #2 |
Yes, it can be considered a meeting if all the emails that everyone has are the same and there is a printed copy kept on file somewhere as the official record. The printed copy ensures that no single/group of participants has altered the documents to suit a specific need/desire or other pursuit.
Just because the owners are not included on the email chain, does not mean that at the conclusion of any determinations the entire chain is not forwarded to the owners or that a hard copy is not supplied to them.
If this practice is in violation of the law would depend on what is/is not disclosed to the owners as it relates to the content of the emails as well as what arrangements for practice the owners have agreed upon with the board. If the owners are never informed of the meetings in any capacity and the email chain is considered the 'official record' by the persons participating in the email chain, then, depending on the exact nuances of the law, the board may be in violation.
Message edited by author 2008-09-19 14:51:26. |
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09/19/2008 03:09:51 PM · #3 |
As of right now, no one really knows about the emails and no one other then the board has seen them. One board member that told me about the emails is saving them personally, but I do not believe they are stored officially anywhere or are ever made part of the offical record.
I want to see the emails though!
My thinking:
If it's offical board business and they say I can't see them, then they are violating the law. And technically since state law says I can see all HOA records I should be able to see them anyway.
Or, if it's not offical HOA business then my friend on the board can share the emails with no worries, since it's not offical business and no different then any other email received.
Edit to add thanks CEJ!
Message edited by author 2008-09-19 15:10:26. |
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09/19/2008 04:55:04 PM · #4 |
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