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5/22/2021 4:35:42 PM
 
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Section 5: OPA Board Subject: Board Scare Tactics Fail Msg# 1125986
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How do association members attend such meetings?
I agree. My mistake. 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. The action without a meeting provision is in Maryland corporate law. When using this provision, the Board is acting in its corporate capacity. In case of conflict, I believe this one is where corporate law prevails. The respective Code provisions and OPA provision have been in effect for decades with a reasonable amount of overview opportunity by counsel. I sort of remember a comment (from you?) that the Board had been advised by Jeremy Tucker that the action without a meeting should be used more often. I am aware of at least one instance in which a Tucker advised board used the action without a meeting. Knowing the attention to detail on the part of the GM, it was not done without making sure it could be done and that it was subsequently done correctly. Jim Trummel |
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For reference, the above message is a reply to a message where: >>>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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