(a) Notwithstanding any other law or the association’s governing documents, a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1) The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following:
(A) Clear technical instructions on how to participate by teleconference.
(B) The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(C) A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.
(2) Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(3) Any vote of the directors shall be conducted by a roll call vote.
(4) Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
(b) Subdivision (a) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120.
Related Topics
Related Statutes
- Civil Code Section 5450. Meetings During Government Emergency.
- Civil Code Section 5120. Counting Ballots.
- Civil Code Section 4925. Rights to Attend Open Meetings; Open Forum.
- Civil Code Section 4923. Emergency Board Meetings.
- Civil Code Section 4920. Notice of Board Meetings.
- Civil Code Section 4090. “Board Meeting” Defined.
Related Links
AB 648 Signed! Virtual HOA Meetings
-Published on HOA Lawyer Blog (October 2023)