The Open Meeting Act (Civil Code Sections 4900, et seq.) states that “ [T]he Board of an Association may not take action of any item of business outside a board meeting”, including via electronic mail unless it is an emergency.  Electronic mail may be used as a method of conducting an emergency board meeting if all directors consent in writing to a vote via email, and the consents are filed with the minutes of the board meeting.  If a violation of the Open Meeting Act occurs, members of the Association can sue the Association for declaratory or injunctive relief.  Further, if the member prevails in court, he/she is entitled to recover his/her attorneys' fees and costs from the Association.  The court can also impose a penalty of $500 per violation.