Extraordinary times call for extraordinary measures. Civil Code section 4360(d) allows a Board to adopt emergency rules for up to 120 days. We suggest implementing one or more of the following procedures for at least 30 days and monitoring the situation to see whether these procedures should be suspended, extended and/or modified.
Berding & Weil Attorneys and Staff are all working remotely to assist you; don't hesitate to contact us by telephone or email.
- Meet Virtually or by Conference Call: Suspend all live Board and Membership meetings. Conduct these by video (using online services such as Skype, Zoom or similar providers) or by telephonic conference calls so that Association members can participate in member forum. Consider holding quarterly (instead of monthly) Board meetings. Do the same for IDR and disciplinary hearings. Post notices of meetings on common area with video/call in information. Dedicate a portion of each meeting to how the Board and management are responding to the crisis.
- Delegate: The Board can delegate to one or more directors or management particular tasks (like contract approvals) that otherwise might require approval at Board meetings.
- Elections: Defer elections or hold them virtually by Skype, Zoom or similar providers so that members can observe the ballot count.
- Dont Miss Deadlines: Common deadlines include responses to architectural requests and appeals; post-disciplinary hearing notices and requests for ADR. Remember that for many associations, the year-end financial statement must be distributed by the end of April.
- Shut Down Common Areas: This includes clubhouses, gyms, pools and other common area gathering places.
- Pay Bills: To facilitate the uninterrupted performance of services, ensure that bills are timely paid.
- Teamwork: Directors and managers should confer on how the Coronavirus and the governments response to it will impact operations and the normal function management provides. In many cases, management may close their office to visitors and conduct business via email.
- Communicate: Utilize email, website, videos, YouTube, closed circuit television and social media (if this a forum you use to communicate with the membership), to provide members with periodic updates as to how the Board and management are responding to the crisis.
- Expect More Government Edicts: Dont be surprised if federal, state or local governments impose travel, business or other restrictions (like the Bay Area Counties Shelter in Place Order issued March16, 2020 that can further impact your operations. Be flexible and prepared. Here are links to the County Orders issued in Alameda, Contra Costa, Marin, San Francisco, San Mateo and Santa Clara.
- Confer with Counsel: These recommendations might not be right for every association in every situation. To the extent these or other procedures a Board wants to implement to address the virus conflicts with current law, counsels advice should be sought.