limits of "discussion" between condo board members outside of a meeting

[Guest Tom Kopko]

I'm 1 of 3 condo board members.  The other 2 have been trying to discuss and/or decide various issues over email in an honest attempt to prepare properly for our upcoming board meeting on April 24. Their intent is to determine which issues are "ready" to be discussed at the April monthly board meeting; meaning, do each of us think there is enough info to make a decision at the April meeting? If not, they ask for agreement to just, "kick the can to the next meeting," and  put the issue on May's agenda instead of April.

I believe all of that constitutes a discussion aka a meeting about each issue, and therefore the discussions are not permissible outside of a noticed meeting.  I believe our condo association members/owners deserve to know that their board is considering any issue.  

My 2 other board members are adamant that boards have leeway to discuss things informally like this.  They even say things like, "I talked to the other one" and we disagree with you, and, "we talked and his concerns about issue x are resolved".

Background: our Virginia Condominium Act states, "...this subsection shall apply to executive board meetings at which business of the unit owners' association is transacted or discussed. All meetings of the unit owners' association or the executive board, including any subcommittee or other committee of such association or board, shall be open to all unit owners of record. The executive board shall not use work sessions or other informal gatherings of the executive board to circumvent the open meeting requirements of this section." 

It feels to me like the many days of email exchanges are just one long and ongoing ad-hoc board meeting that's hidden from our condo owners, in direct conflict with the law's requirements. They say it's just prep for a meeting.  

Who's right?!?

Thank you.
Tom

[Richard Brown]

There is nothing in RONR which prohibits this type of communication between board members outside of meetings. However, these communications might well violate any applicable open meetings laws (sunshine laws) such as the type it appears your state might be subject to. You need the advice of an attorney as to whether, the statute prohibits the particular activities you are concerned about with your particular condo association. That would be in the nature of legal advice which is outside the scope of this forum.