The Common Interest Development Open Meeting Act (Civ. Code 4900 et seq.) requires HOA boards to take action on HOA business at board meetings open to the HOA’s membership.  It defines a “meeting” as a congregation of a quorum of board members.  This decision holds that an email exchange between members of the HOA board is not a “meeting” and so need not be open or shared with HOA members so long as the board members don’t act on HOA business through the emails.  Discussion of HOA business by email is okay, just not taking action.  Under Civ. Code 5975(c), an HOA that prevails in an action to enforce the HOA’s governing documents may recover its fees, but the Open Meeting Act has a contrary rule denying a prevailing HOA costs (and attorney fees by implication) unless the action is frivolous (Civ. Code 4955(b).)  Here, the action was only under the Open Meeting Act, not to enforce the govrning documents, so 4955(c) applied and barred any award of attorney fees.  The same section barred an award of costs since the action though unsuccessful was not frivolous.  The more particular provisions of 4955(c) prevailed over CCP 998 as well.