Update from CAI USA

By March 22, 2021Condo Law

Virtual meetings. CAI supports legislation that allows community association board meetings and annual meetings of the membership to be held virtually. These meeting rules and regulations vary from state to state and often are contingent on an association’s governing documents. Many states require associations to follow a nonprofit or business corporation act. If an association’s governing documents are silent on virtual meeting regulations, the nonprofit or business corporation act may allow an association to hold them. CAI supports an option for community associations to hold meetings virtually during and after the pandemic.

While quite a few state statutes authorize board and annual meetings to be held virtually, many states will benefit from clarification and codification for permanent authority beyond the pandemic. To date, 13 states have introduced legislation this year that allow community associations to hold virtual meetings, including Connecticut, Georgia, Hawaii, Illinois, Maine, Maryland, Missouri, Oregon, Tennessee, Texas, Virginia, Washington and Wisconsin. Virginia already passed legislation this year amending the state’s Property Owners’ Association Act and Condominium Act to permanently allow, not mandate, virtual membership meetings subject to guidelines adopted by the association board of directors.

Electronic voting. CAI supports legislation that allows community associations to use electronic voting for elections. Electronic voting, if conducted properly, can increase engagement, save money, and provide a practical solution to in-person voting while keeping residents safe during the COVID-19 pandemic.

Four states have introduced legislation allowing community associations to vote electronically, including Hawaii, Maryland, Oregon, and Virginia. The Commonwealth has already passed legislation this year amending the state’s Property Owners’ Association Act and Condominium Act to permanently allow, not mandate, electronic voting subject to guidelines adopted by the association board of directors.

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