Q: One of our board members sometimes is not available to attend meetings either in person or telephonically and has asked if he could submit a written approve or disapprove sealed proxy for agenda items when the board votes on them in the meeting. — F.B.
Q: One of our board members sometimes is not available to attend meetings either in person or telephonically and has asked if he could submit a written approve or disapprove sealed proxy for agenda items when the board votes on them in the meeting.A: While the law allows a member to give another member their proxy to vote on their behalf at a membership meeting, there is no equivalent proxy for board votes. Directors who are unable to attend board meetings cannot register their votes.
Q: I am concerned that our board meetings now have no public documentation and that the details of the discussions are not included in the minutes or otherwise recorded. The specific basis and rationale for contract initiation, cancellation, and replacement are not subject to full disclosure by board process and procedures. Is that correct?A: Minutes should not reflect comments, discussion, or board deliberations.
Q: I saw your recent article and a caption said that unfair elections can be overturned under Civil Code 5145 by a small claims judge. There are various violations in our election. I raised at the board meeting these violations and the board voted to continue with the election. So, I can have a small claims judge rescind the election.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober DeNichilo LLP, a law firm known for community association advice. Submit questions to
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