“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 4926 or 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.
Related Links
Email Discussions Between HOA Board Members are not “Meetings”
-Published on HOA Lawyer Blog (September 2023)
AB 648 Signed! Virtual HOA Meetings
-Published on HOA Lawyer Blog (October 2023)
Civil Code Section 4085. “Board” Defined.
Civil Code Section 4080. “Association” Defined.
Civil Code Section 4078. “Annual Policy Statement” Defined.
Civil Code Section 4076. “Annual Budget Report” Defined.
Civil Code Section 4075. Applicability of Article Definitions.
Civil Code Section 4070. Approval by Majority of a Quorum Defined.
If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an affirmative vote of a majority of the votes represented and voting in a duly held election in which a quorum is represented, which affirmative votes also constitute a majority of the required quorum.
Civil Code Section 4065. Approval by Majority of Members Defined.
Civil Code Section 4055. Electronic Delivery.
If the association or a member receives information by electronic delivery pursuant to Section 4040, and a provision of this act requires that the information be in writing, that requirement is satisfied if the information is provided in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
Civil Code Section 4050. Document Deemed Delivered.
(a) This section governs the delivery of a document pursuant to this act.
(b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail.
(c) If a document is delivered by electronic means, delivery is complete at the time of transmission.
