QUESTION: Recently, when posting notice of an upcoming board meeting, the agenda for that meeting was not included. Our president said it was okay because the agenda was emailed. Is that correct?
ANSWER: Sorry, it’s not correct. Starting January 1, 2008, board meeting agendas must be posted along with the notice of meeting. (Civ. Code §4920.) In the alternative, the notice and agenda can be delivered to everyone. (Civ. Code §4920.)
Email. Emailing the agenda is an option only if the recipients consent in writing to receiving notice via email. (Civ. Code §4040(a)(2).)
RECOMMENDATION: Sending agendas and notices by email makes a lot more sense than only posting in the common areas. Emails reach more people, especially those who are out of town or live elsewhere. Associations that want to save money and keep members better informed should get owners’ email addresses and written consent to send notices. By “notices” I mean more than just board meetings. There are a great many disclosures and notices that associations must give members each year.
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