H.A. from Hartford County, Connecticut writes:
Dear Mister Condo,
My condo board meets 10 times a year. However, time sensitive questions often come up between meetings. Under those circumstances the secretary notes in the minutes that the board voted by e-mail. Somehow or other I think there’s more to it. How can I lead the secretary to the correct information under those circumstances?
Mister Condo replies:
H.A., in my experience, very few time sensitive issues come up between Board meetings that can’t be dealt with at the next Board meeting. Impromptu votes amongst Board members, held by email or casual conversation, are not good practice and could land the Board in a good bit of trouble if the Board takes action on these votes and is then asked to defend their actions before a court. Impromptu votes are generally not allowed in the Association by-laws and they also violate state laws regarding notice of meeting, ability for unit owners to attend meetings, and written minutes of Board meetings. I would encourage this Board to stop holding votes by email and only conduct association business at the 10 scheduled Board meetings. The exception to making decisions between Board meetings should be limited to true emergencies – repairing a roof that has been severely damaged and is leaking, repairing a building that was struck by lightning, those types of things. Other decisions are best left to regularly scheduled Board meetings, with adequate notice of agenda and adequate notice to other unit owners.