Many within the industry have been anxiously waiting for the California Supreme Court to weigh in on the status of the LNSU #1 v. Alta Del Mar case, which ruled that email communications between directors do not, absent additional action or decision, constitute a board meeting in violation of the Open Meeting Act.

A Request for Depublication was filed on September 26, 2023, followed by a Petition for Review by the California Supreme Court, which was filed on October 4, 2023. Yesterday, the Supreme Court formally denied both requests, which means the decision by the Court of Appeal currently stands as binding precedent.

For reasons we have shared previously, we continue to caution board members to exercise restraint in engaging in unfettered email communications with other directors. Boards should consult legal counsel regarding the practical implications that such discussions might have on association governance.

Additional information on LNSU #1 v. Alta Del Mar can be found by clicking on the following links:

• “Return of the Reply-All: Court Decides the Open Meeting Act Does Not Prohibit Board E-Mail Discussion Without Action,” first published in Connect Magazine: 2023–Issue 3 by CAI-GRIE - Issuu

• “Yes, You Can… But Should You? Cautioning Directors Against Unfettered Email Discussions After LNSU #1 LLC,” publication pending, ECHO Journal, December 2023