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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 restrictions
  • Definition and implications of a “meeting” under the Davis-Stirling Act
  • Recent developments and case law analysis: Alta Del Mar case
  • Clarification on permissible email communications among board members
  • Potential risks and concerns of email communications for board members
  • Practical advice for creating board email communication policies
  • Importance of maintaining professionalism and avoiding conflicts in email exchanges

Episode 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

Beaumont Tashjian

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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