Re: Advice Requested on Co-Housing Condos
From: normangauss (normangausscharter.net)
Date: Fri, 1 Jul 2005 13:14:17 -0700 (PDT)
Casey:

    You will notice that there is no requirement that every member of the
Board of Directors be present at every meeting.  The main thrust of my
message is that no Board Member may give her/his proxy to another Board
Member.  If that Board Member cannot attend a meeting of the Board, then
she/he cannot be counted as present in a quorum count.

The website www.davis-stirling.com is maintained by
http://www.adams-aucoin.com/ a law firm specializing in common-interest
developments.  It is based in Los Angeles.

Norm Gauss
----- Original Message ----- 
From: "Casey Morrigan" <cjmorr [at] pacbell.net>
To: "'Cohousing-L'" <cohousing-l [at] cohousing.org>
Sent: Friday, July 01, 2005 1:00 PM
Subject: RE: [C-L]_ Advice Requested on Co-Housing Condos


> My reading of that section is that you are free to have your own
> Homeowners' Association (HOA) bylaws or articles read differently, and
> therefore you (you the HOA in this case) don't have to require all board
> members to be physically present at each meeting. Our bylaws don't require
> it, for example.
>
> That's a great online resource - looks like a private law firm's
> information on HOA laws.
>
> Casey Morrigan
> Two Acre Wood
> Sebastopol CA
>
> > -----Original Message-----
> > From: normangauss [at] charter.net [mailto:normangauss [at] charter.net]
> > Sent: Friday, July 01, 2005 11:58 AM
> > To: Cohousing-L
> > Subject: Re: [C-L]_ Advice Requested on Co-Housing Condos
> >
> >
> > The California provision that proxies not be allowed for
> > voting in board
> > meetings seems to be relatively new.  It also is, by option,
> > amenable to
> > being bypassed if desired.  I don't know the details of how
> > this would be
> > done.  Any way, here is the exact citation:
> >
> > Corporations Code ? 7211(a)6.  Board Meetings; Notice;
> > Quorum; Consent to
> > Act Without Meeting.
> >
> > (6) Members of the board may participate in a meeting through use of
> > conference telephone or similar communications equipment, as
> > long as all
> > members participating in the meeting can hear one another.
> > Participation in
> > a meeting pursuant to this subdivision constitutes presence
> > in person at the
> > meeting.
> >
> > This is explained in detail on the website www.davis-stirling.com
> >
> > DIRECTOR VOTING BY PROXY NOT ALLOWED
> >
> > Although members can vote by proxy at annual and special
> > meetings of the
> > membership, directors cannot vote by proxy at board meetings
> > nor can they
> > use proxies to establish a quorum. Proxy voting by directors
> > is incompatible
> > with the deliberative nature of board meetings and a director's due
> > diligence requirements. Directors must be present in the
> > meeting either
> > physically or by speaker phone, so they can hear and
> > participate in the
> > deliberations of the board and thus fulfill their fiduciary
> > duty of due
> > diligence.
> >
> > Unless prohibited by the Bylaws, directors may participate in
> > board meetings
> > via conference phone, as long as all members participating in
> > the meeting
> > can hear one another. This allows directors to fully
> > participate in the
> > meeting and hear each other comments. This constitutes
> > presence in person at
> > the meeting. Corp. ?7211(a)6.
> >
> >
> >
> >
> >
> >
> >
> > ----- Original Message -----
> > From: "Raines Cohen" <rc2-coho-L [at] raines.com>
> > To: "Cohousing-L" <cohousing-l [at] cohousing.org>
> > Sent: Friday, July 01, 2005 6:46 AM
> > Subject: Re: [C-L]_ Advice Requested on Co-Housing Condos
> >
> >
> > > On 6/30/05 7:04 PM, normangauss [at] charter.net
> > <normangauss [at] charter.net>
> > > wrote:
> > >
> > > >Proxies at HOA Board meetings is illegal in California.
> > >
> > > Norm,
> > >
> > > Can you cite the code section which says so? This is the
> > first I've heard
> > > of this restriction.
> > >
> > > Raines
> > > _________________________________________________________________
> > > Cohousing-L mailing list -- Unsubscribe, archives and other info at:
> > > http://www.cohousing.org/cohousing-L/
> > >
> > _________________________________________________________________
> > Cohousing-L mailing list -- Unsubscribe, archives and other info at:
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> >
> >
> >
> >
>
>
>
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