HOA Homefront: Can a board make decisions without meeting?
Q: Do bylaws allowing action without a board meeting supersede Davis-Stirling Act requirements? My HOA’s bylaws provide as follows: “Any action required or permitted to be taken by the board may be taken without a meeting, if all members of the board consent in writing to the action.” Could you address this issue? — E.H., San Diego
A: Civil Code Section 4910 is quite clear – except for emergency email decisions under 4910 subpart (b), HOA boards cannot make decisions except in board meetings.