New California case law changes the restrictions for an HOA board regarding how it may communicate and discuss HOA issues by email. Attorney Jeff Beaumont discusses what boards should consider with the new legal landscape on this topic.
Key Topics
Traditional understanding of HOA board communication restrictionsDefinition and implications of a “meeting” under the Davis-Stirling ActRecent developments and case law analysis: Alta Del Mar caseClarification on permissible email communications among board membersPotential risks and concerns of email communications for board membersPractical advice for creating board email communication policiesImportance of maintaining professionalism and avoiding conflicts in email exchangesEpisode Takeaways
Historically, HOA boards were advised against discussing business via email to avoid violations of the Open Meeting Act.The Alta Del Mar case redefines what constitutes a meeting, allowing for board discussions via email as long as no decisions are made.Despite the new ruling, boards should remain cautious due to potential legal liabilities and the importance of transparency.Boards are encouraged to develop clear policies and guidelines for email communications to mitigate risks.Professionalism in communication is crucial to avoid misunderstandings and maintain harmony within the community.Resources
The information provided in this podcast is for general informational purposes only and does not constitute legal, financial, medical, or any other type of professional advice. Listeners of this podcast should not rely on the information presented as a substitute for professional advice or services. Listeners should contact their attorney to obtain advice with respect to any particular legal matter.
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