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