Conducting HOA Meetings Remotely Is Becoming The Norm

The COVID-19 pandemic forced homeowners associations to implement procedures for conducting director and membership meetings remotely via the internet utilizing technology provided by various service providers such as Zoom. As associations became more familiar and comfortable with the mechanics of the process, many have found the process to be more desirable to conducting in person meetings and plan to continue conducting their meetings remotely via video conferencing when the restrictions that precipitated the need for conducting meetings remotely are terminated.

A primary reason for continuing with conducting meetings remotely is increased attendance at the meetings. Many associations have experienced higher member participation largely because conducting meetings by video conferencing has made it easier for both board members and association members to attend meetings. Conducting meetings by video conferencing has also facilitated attendance by third-party non-members such as managers, attorneys and vendors and has made it easier for all parties in attendance to make presentations and share information. Additionally, associations have been able to reduce the cost of having their attorney, or other person who is paid for their time, attend a meeting by eliminating the cost of travel and drive-time.

The positive results and feedback concerning associations’ conducting directors and membership meetings by video conferencing will lead to continued usage of the process and a need for permanent statutes and amendments to governing documents to establish procedures and rules as to how virtual meetings must be conducted. For example, effective as of September 23, 2021, California amended Civil Code §4090, which defines “Board Meeting” to incorporate language that includes a meeting that is held by teleconference. The statute now states:

Civil Code §4090. “Board Meeting” Defined.
“Board meeting” means either of the following:

(a) A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.

(b) A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.

(Amended by Stats. 2021, Ch. 276, Sec. 1. Effective September 23, 2021.)

The language in the California statute states the following requirements for conducting a board meeting by video conferencing: