Table of Contents
- 1 Are board emails confidential?
- 2 Can HOA board members vote by email?
- 3 Can board members email each other?
- 4 Can a board member give a proxy to another board member?
- 5 Are Florida HOA board emails private?
- 6 Can Florida condo board members meet in private?
- 7 Do you have to put a confidentiality disclaimer at the bottom of an email?
- 8 What should HOA board members do with their emails?
Are board emails confidential?
Yes, you must preserve all e-mails among board members as association communications. Just as e-mail sent at your job isn’t private, nor is e-mail private when you’re communicating with other board members or owners in your capacity as a board member.
Can HOA board members vote by email?
“That means board members have to physically be at the meeting in person or by phone. If you’re voting on a substantive matter, you can’t do it by email but only at a properly noticed board meeting.
Can HOA board members email each other Florida?
Section 718.112(2)(c) of the Florida Condominium Act specifically provides that members of the board may use e-mail as a means of communication, but may not cast a vote on an association matter via e-mail. Therefore, if a matter requires a vote of the board, it cannot be decided by e-mail.
Can a condo board vote via email Illinois?
Notably, voting electronically is expressly permitted, provided that “a record” is created and maintained. Electronic voting at board elections is also permitted under the Act; however, the board needs to take appropriate action well in advance of the annual meeting – at least 120 days before, to be specific.
Can board members email each other?
Answer: Generally, a director can email the manager with either directions or questions. And that email can be copied to the other directors. If there are five directors, emailing one other director would be appropriate, but emailing two others would constitute a congregation of the majority of the board.
Can a board member give a proxy to another board member?
Members of Board of Directors often seek to determine whether they can provide a proxy to someone to appear and vote for them at a meeting of the Board of Directors. However, it is basic general corporate law that a Board member cannot give a proxy to someone to appear and vote in his place at a meeting.
Can email exchanges constitute valid action by HOA board?
Answer: It depends on what constitutes a majority of the board. If the board only has three members, such an email would violate the Act. If there are five directors, emailing one other director would be appropriate, but emailing two others would constitute a congregation of the majority of the board.
Can HOA board meet in private in Florida?
Yes, as a matter of fact, it is legal for a condominium association board to hold a closed board meeting, but only in certain circumstances. Section 718.112(2)(c)3, of the Florida Condominium Act, allows the board to hold a closed board meeting (where unit owners are not permitted to attend) in two situations.
Are Florida HOA board emails private?
Through a series of administrative decisions and publications, Florida law currently provides that emails between directors on their private computers and private email addresses are not official records, meaning the association has no obligation to maintain these records.
Can Florida condo board members meet in private?
“Boards of Directors Can Hold Closed Meetings for Certain Purposes,” News-Press. A: Pursuant to Section 718.112(2)(c) of the Florida Condominium Act, meetings of the board of administration at which a quorum of the board members is present must be properly noticed and open to all unit owners.
Can a director send a proxy to a board meeting?
Well, the answer is NO. A director can not appoint a proxy, who on behalf of the director can attend the meeting of the board of directors (board meeting). As a director can not appoint a proxy to attend a board meeting, the question of voting through a proxy does not arise at all.
Can a board vote by proxy?
A: The short answer to your question is that members of the board of directors cannot use proxies to vote at board meetings when the director is not in attendance at the meeting. However, unit owners can use proxies to participate at membership meetings they do not physically attend.
Do you have to put a confidentiality disclaimer at the bottom of an email?
Dropping a standard confidentiality disclaimer at the bottom of every company email doesn’t unilaterally impose on a recipient of an email a duty of confidentiality. It does not unilaterally bind the recipient to an agreement regarding the email footer language since you can’t unilaterally impose an obligation of confidentiality on someone.
What should HOA board members do with their emails?
3. Forward all HOA email requests you receive individually to your manager. “If owners send you an email asking you to do something, I always tell my board members to refer every one of those emails to management,” says Schlegel.
What’s the job of a condo board member?
As a condo board member, your job is tough. You need to represent your community while not letting your own needs or beliefs fog your judgement. As well, every penny you spend ultimately must improve the value of the condo.
What are the rights of all condo owners?
The right of all unit owners to review the condominium records to ensure that there is transparency in the corporation’s operations must be balanced with the right of privacy of individual unit owners.