5/22/2021 3:40:36 PM
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Section 5: OPA Board Subject: Board Scare Tactics Fail Msg# 1125981
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>>>A meeting by phone, in which all participants can be heard, is the same as an in person meeting.<<< How do association members attend such meetings? Regardless, I hope you agree that any action taken outside a meeting via unanimous agreement must be reported in the minutes of a following meeting. Below is from Maryland Homeowners Advocacy Alliance: Maryland law generally states that all association meetings should be open to its members, but it does not specifically define what constitutes a meeting. In an attempt to resolve the ambiguity and provide clarity for those who wish to comply with the law, the Commission on Common Ownership Communities offers the following guidelines: A “meeting” under the open meetings statute is any gathering of the board of directors or a board-authorized committee for the purpose of making decisions and taking action on the association’s business. An “action without a meeting”, a provision found in some bylaws that allows the board to conduct business by email, texting, telephone, or otherwise not in person, is also a closed meeting and subject to the Condominium, Co-operative Housing, or Homeowners’ Association Acts. |
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For reference, the above message is a reply to a message where: I am of the mind that there should be a motion/second/discussion and vote -- even if done via email or phone. A meeting by phone, in which all participants can be heard, is the same as an in person meeting. A motion/second/discussion and vote by email is a closed meeting. Jim Trummel |
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