There may come a time when an emergency HOA board meeting becomes necessary. However, board members cannot call upon this type of meeting anytime they please. Emergency meetings serve a special purpose and come with their own set of rules and requirements. It is important to understand the ins and outs of emergency board meetings so that they can be used appropriately.
What is an Emergency HOA Board Meeting?
Also known as HOA special meetings, emergency board meetings occur when urgent action or attention is needed. A typical example of this is when the board must meet to discuss how to handle a natural disaster.
Emergency board meetings are critical because they allow the board to manage the situation in front of them. They give them time to address the immediate issues plaguing the community. For example, if a wildfire is on its way to the HOA, the board can use the emergency meeting to coordinate evacuation plans.
Emergency HOA Board Meeting vs Regular Board Meeting
An emergency meeting is special compared to a regular board meeting. Regular board meetings are scheduled, whereas emergency board meetings typically are not. They happen on the fly when an urgent need arises.
Additionally, there are different notice requirements for an emergency board meeting. Given their nature, emergency meetings typically don’t require much or any notice at all. On the other hand, a regular board meeting must be scheduled, and notice must be communicated to all members in advance.
The types of issues that board members discuss in these meetings also differ. Regular board meetings follow a set agenda and usually tackle everything from maintenance issues and project initiatives to social events and homeowner concerns. In contrast, emergency meetings focus only on the emergency.
Who Can Attend an Emergency HOA Board Meeting?
Board members must attend the emergency meeting. Their attendance is necessary due to their role in the community. Board members act as leaders. Therefore, they must be the ones to spur action and take the initiative during an emergency.
Homeowners are also encouraged to attend emergency meetings. Since emergency meetings usually address urgent issues and communicate plans, homeowners must stay in the loop.
However, homeowner attendance is not mandatory, especially since the emergency may make it difficult for some to attend. Because of this, board members should communicate the discussions and actions taken at the emergency meeting to all homeowners. Sending a copy of the minutes or posting them somewhere easily accessible is also a good idea (and often necessary).
How Often Does an Emergency HOA Board Meeting Happen?
Emergency board meetings should only happen as needed. Since emergencies don’t usually occur frequently, they tend to happen rarely. An HOA’s governing documents may also dictate what situations will call for an emergency meeting.
Who Can Call an Emergency HOA Board Meeting?
Typically, the HOA board can call an emergency meeting. State laws and the association’s bylaws may contain more specific instructions. For example, in California, state law notes that the HOA president or any two directors other than the president may call an emergency board meeting (Civil Code Section 4923).
For What Reasons Might an Emergency Meeting Be Called?
Homeowners association emergency meetings are special because they only happen during crises. But what constitutes an emergency, exactly? An HOA board should consider two things: state laws and the governing documents.
In some states, the law dictates what situations would allow for an emergency meeting. For example, California Civil Code Section 4923 defines it as “circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice” to all members.
Board members should also refer to their governing documents and state law. The HOA’s bylaws should contain specific language concerning the requirements of an emergency meeting. There is no standard answer since bylaws can differ from one community to another.
Notice Requirements for HOA Emergency Meetings
Given the nature of an emergency HOA board meeting, the board typically does not need to provide notice for other meetings following the same notice period. In California, Civil Code Section 4920 even waives the notice requirement altogether. After all, there may not be enough time to disseminate the notice and allow time for homeowners to attend. However, other states may not waive the notice requirement.
Furthermore, the HOA’s bylaws may still require notice of an emergency board meeting. It is important to follow all notice requirements, including the timeframe and form of delivery, for an emergency board meeting. This way, the HOA can stay out of legal trouble, and the board can avoid breaching its fiduciary duty.
Can an Emergency HOA Board Meeting Occur Remotely?
Whether or not an HOA can hold emergency meetings remotely depends on state laws and the governing documents. Some states allow emergency meetings to take place electronically, while others do not. In California, emergency meetings can happen via a physical meeting, teleconference, or email (with additional requirements).
Allowing remote meetings helps the association stay on top of business and issues even during times of crisis. Since emergencies may make it hard for members to meet in person, it is essential to be flexible and open to electronic meetings. If an HOA’s bylaws currently don’t allow remote meetings, board members should consider amending them for emergency situations.
Minutes of an HOA Emergency Board Meeting
As with any other meeting, minutes must be taken at an emergency meeting. Minutes serve as a record of the discussions and actions that took place at the meeting. If there is some misunderstanding or confusion, members can refer back to the minutes for clarity.
Additionally, some members may not be in attendance at the emergency meeting. The minutes of the meeting allow them to stay informed about all association business and emergency plans.
The Final Word
An emergency HOA board meeting plays a vital role in an association’s operations. Although emergency meetings only happen rarely, they serve an important function, especially during times of disaster or crisis. Board members should know how emergency meetings work and whether there are any requirements associated with them. In doing so, they can conduct such meetings properly.
Elite Management Services provides expert management solutions to HOAs and condos, including board meeting management and emergency support. Call us today at (855) 238-8488 or email us at help@emspm.com to learn more!
RELATED ARTICLES:
- Is A HOA Meeting Quorum Needed? What Happens If There Is No Quorum?
- HOA Emergency Preparedness Plan: How To Plan For Emergencies
- Can Homeowners And Renters Attend HOA Meetings?
