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How to “Stay Legal” with COVID 19

By Jeanne Lauer on March 20, 2020
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COVID 19 is raising new questions and concerns for all of our clients, especially community associations. While our office is currently open, we are prepared and equipped to function on a remote basis, so we will continue to be available to answer your questions and respond to your legal needs while fully respecting all important public health protocols.

For those of you concerned about upcoming or planned annual meetings, please know that the failure to hold an annual meeting at a date or time mandated by your governing documents will not prevent you from holding a valid meeting at a later date and time.  For those Associations that are also nonstock corporations, this is specifically permitted in the Virginia Code.  For those that are not nonstock corporations, the current restrictions on gatherings and the legal doctrine of impossibility should provide you with similar protection.  Current law on association board of director meetings requires that there may be remote participation by directors SO LONG AS at least 2 of the directors are physically present at a place where owners may attend and participate.  We recommend that you carefully consider all meetings which may involve attendance of greater than 10 persons.  It is likely that many of you have utilized conference calling in the past using a call-in number.

While it is tempting to resort entirely to electronic communication to attain a quorum or a vote, we believe that we must use every effort to comply with the open meeting requirements in the statutes and to provide the opportunity for meaningful participation by those who wish to attend the meeting.  With the technology available today that should be possible for most associations.  We have the capacity at our office for teleconferencing and offer those facilities to our clients during this time provided the number of attendees in our office does not exceed 10.

If you have any questions about specific policies for your Association, please contact us and we will be happy to help. In the meantime, please STAY SAFE AND HEALTHY.

Photo of Jeanne Lauer Jeanne Lauer

Jeanne S. Lauer is a partner at Inman & Strickler focusing her practice in the areas of Civil Litigation, Community Association Law and Commercial Litigation.

Read more about Jeanne LauerEmail
  • Posted in:
    Real Estate & Construction
  • Blog:
    Virginia Condominium & Homeowners' Association Law Blog
  • Organization:
    Inman & Strickler, PLC
  • Article: View Original Source

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