Inspired by the COVID experience which hampered association meetings and, therefore, effective governance the General Assembly enacted a landmark bill to assist in all associations. It is finally the time of year for the new laws to go into effect. Once an Association has complied with the conditions in the amendments quorums for annual meetings can be more easily achieved. Both the Condominium Act and the Property Owners Association Act were amended to provide enhanced authority to vote by proxy or absentee ballot and also to vote by electronic means. The amended statutes provide that unless expressly prohibited by the governing documents votes at a membership meeting may be cast in person, by proxy or by absentee ballot.
The amendments also allow for voting to take place by electronic means if authorized by a resolution of the board of directors which provides guidelines. In both statutes there is a provision which states that those members voting by proxy or absentee ballot are deemed to be present at the meeting. The term electronic means is defined to include meetings via teleconference, videoconference, internet exchange or other electronic methods. Consistent with the foregoing new provisions, there is no longer a statutory requirement for two board members to be present at the meeting place.
If a member does not have the capability or desire to conduct business by electronic means an association is required, at its expense, to make available a reasonable alternative for such person to conduct business without the use of electronic means. This requirement could result in the necessity for some meetings to be in person.
If you need a resolution to implement these new meeting options the CA Team will be pleased to assist you.