Subject to certain requirements and limitations, the Open Meeting Act allows for HOA board meetings to be conducted via teleconference, where “teleconference” means that:

“…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.” (Civ. Code § 4090(b).)

A teleconference would thus encompass a web conference or similar technology that allows for directors to interact in real-time.

Attendance & Participation by Directors
A director who is unable to physically attend a board meeting may attend by telephone or video, so long as all directors participating in the meeting are able to hear one another. (Civ. Code § 4090(b); Corp. Code §7211(a)(6).) If the meeting is an open meeting, the director attending electronically must also be able to hear statements made by members in attendance at the meeting. (Civ. Code § 4090(b).)

Attendance & Participation by Members; Physical Location Requirement
Members are entitled to attend open board meetings, not executive session meetings. (See “Board Meeting Attendance Rights.”) If an open meeting is to be conducted via teleconference, Civil Code Section 4090 requires the association to identify at least one physical location where members may attend and observe (listen to) the teleconference meeting, as well as address the board on association matters during open forum:

 “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 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.” (Civ. Code § 4090(b).)

Exceptions to Physical Location Requirement – As indicated above, “at least one director or person designated by the board” must be present at the physical location designated in the notice of the teleconference meeting. (Civ. Code § 4090(b).)  However, this physical location requirement does not apply to:

1. 1. Board meetings held solely in executive session;
   2. Board meetings during a government emergency conducted under Civil Code Section 5450; or
   3. Board meetings conducted entirely by teleconference pursuant to Civil Code Section 4926. (See “Virtual Meetings.”)

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