99. My HOA continues to use their actions on homeowner property citing an “emergency”. What exactly is an emergency in my HOA?

Generally speaking, there can be conflicting opinions about whether a particular situation is an “emergency.”

circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and by necessity make it impracticable to provide notice as required“.

WV Code §31E-8-821 Action without meeting. – an emergency for action, e.g. vote and it must be unanimous

(a) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this chapter to be taken at a board of directors’ meeting may be taken without a meeting if the action is taken by all members of the board. The action must be evidenced by one or more written consents describing the action taken, signed by each director, and included in the minutes or filed with the corporate records reflecting the action taken.
(b) Action taken under this section is effective when the last director signs the consent, unless the consent specifies a different effective date.
(c) A consent signed under this section has the effect of a meeting vote and may be described as having the effect of a meeting vote in any document.