We are horrified to hear a recent statement that we may need to meet without the members due to Coronavirus. Create a conference call or better, a video call and invite the members to attend via phone or computer. The Civil Code provides for this and you should use it. If you would like our assistance just contact our office and Community Legal Advisors will set up the first meeting and attend it to help the Board and members acclimate to this new system. Our firm provides video conferencing bridges for our clients using ZOOM software which is easy and quick to learn. The Board can choose whether or not they want us to attend the first meeting to get everyone through the process.
Corporations Code 7211: “Participation in a meeting through use of conference telephone or electronic video screen communication pursuant to this subdivision constitutes presence in person at that meeting as long as all directors participating in the meeting are able to hear one another. Participation in a meeting through use of electronic transmission by and to the corporation, other than conference telephone and electronic video screen communication, pursuant to this subdivision constitutes presence in person at that meeting if both of the following apply: (A) Each director participating in the meeting can communicate with all of the other directors concurrently. (B) Each director is provided the means of participating in all matters before the board, including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by the corporation.” (Corp. Code §7211)
If all directors attend an open meeting by phone, your notice of the meeting must identify at least one physical location where owners can attend and listen to the board’s meeting. (Civ. Code §4090(b).) That means a conference phone should be at one location so members can hear directors conduct the meeting and so members can be heard by the board during Open Forum. But honestly, if you provide the call-in phone number or website, then I am really not worried about providing an address for someone to come to, to get on the call. If you’re really worried about that, then give the owners our address and they drive on over and sit on our phone…
Two final thoughts: 1) Use a separate call in line or number for the executive sessions. 2) Zoom has a nice feature which allows you to mute members who are out of order or rude.
Community Legal Advisors provides
legal services to homeowners associations
throughout San Diego, Orange County, and the Inland and Coachella Valleys
Members of our legal team have served as association managers, created residential and commercial community associations on behalf of developers, negotiated terms and conditions of CC&Rs with the California Department of Real Estate, advised the State Legislature regarding the new legislation, taught industry education courses, advised community associations in their daily operations and litigated conflicts between associations and their vendors, insurers and members.
To provide the highest quality assistance, service and representation using the diverse and extensive background experience of our legal team.
Community Legal Advisors has been handling my HOA clients needs for well over a decade, and we have nothing but excellent service and outstanding collections results. Mark makes sure our Board members have the education and knowledge to make informed decisions regarding legal concerns for their properties, and has assisted in resolving conflicts, addressing construction issues, and providing excellent general counsel. Madeline in collections is someone you really want in your corner when your HOA needs to recover outstanding assessments. Their office is professional, courteous and wonderful to work with.
I haven’t gotten a chance yet to say thanks to you and Mark Guithues for the Board Basics training at the beginning of the month. It was so helpful for my Board members who attended. One of my board presidents who specifically got on the board six years ago to assure assessments would never be increased was in attendance to that webinar. When it came time to review the budget a few weeks later and I recommended an increase in assessments, he was surprisingly my biggest supporter and he credited that to the educational webinar.
We wanted to thank you so much for how you handled our case. We were both very impressed with your demeanor, tactics and execution. Suffice it to say, we are really, really pleased.
You answered all the questions succinctly and didn’t talk down to any questioner. You managed to keep the audience involved all the time without being overbearing and resorting to too much legalese.
Thank you again for attending the meeting and stepping in as Election Inspector and more. You were the answer to my prayers.