Are Board Meetings Required?

[HowardC]

What is the name of your state? New York
I have a vacation condo in upstate New York. I used to be on the Board, and we met almost every month, most of us driving up from NY or NJ. I just found out that in the last year, not one in person meeting was held. All the business and discussions were conducted via emails, including decisions resulting in expenses for the owners. Is this legal? I will be attending our annual meeting on Sunday and would like to know the law before bringing this up. Thanks.

 

[HomeGuru]

What is the name of your state? New York
I have a vacation condo in upstate New York. I used to be on the Board, and we met almost every month, most of us driving up from NY or NJ. I just found out that in the last year, not one in person meeting was held. All the business and discussions were conducted via emails, including decisions resulting in expenses for the owners. Is this legal? I will be attending our annual meeting on Sunday and would like to know the law before bringing this up. Thanks.

**A: yes they are. Both state law and the HOA By-Laws require it.

 

[HowardC]

Thank you.

Thanks for the answer, but now I"m trying to determine in my mind what recourse is there? So they didn't meet, but they did make decisions. Are those decisions perhaps null and void? Of course, that could be self defeating as our new property manager, under direction of the Board, is doing a very good job. Can the state theoretically impose some sort of penalty? Or shall we just try to get new Board members (not an easy thing). One or two Board members live at the complex. I would re-join the Board if I could participate via audio conference....I would assume that would be allowed?

 

[HomeGuru]

Thanks for the answer, but now I"m trying to determine in my mind what recourse is there? So they didn't meet, but they did make decisions. Are those decisions perhaps null and void? Of course, that could be self defeating as our new property manager, under direction of the Board, is doing a very good job. Can the state theoretically impose some sort of penalty? Or shall we just try to get new Board members (not an easy thing). One or two Board members live at the complex. I would re-join the Board if I could participate via audio conference....I would assume that would be allowed?

**A: if there was a legal quorum per the condo docs, everything would be legal.
The state does not want to get involved in these types of issues. And the state has the power to levy fines, restrictions etc.
It is allowable to conduct a Board meeting via video conference for out of town members.