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.

No Physical Location Required for Virtual Meetings
Where an open board meeting is to be held via teleconference, Civil Code Section 4090 generally 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 during open forum.  (See “Teleconference Meetings.”)

Civil Code Section 4926 was added to the Davis-Stirling Act to dispense with this physical location requirement in order to facilitate conducting meetings entirely by teleconference (“virtual meetings”), subject to the additional requirements specified in Section 4926 (described below).

Virtual Meeting Requirements

Notice Requirements – The notice for a virtual meeting must include, in addition to other required content for meeting notices, all the following: (Civ. Code § 4926(a)(1).)

• • Clear technical instructions on how to participate by teleconference;
  • The telephone number and e-mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting; and
  • A reminder that a member may request individual delivery of meeting notices, with instructions how to do so.

Equal Participation Requirement – Every director and member must have the same ability to participate in the meeting that would exist if the meeting were held in person. (Civ. Code § 4926(a)(2).)

Roll Call Vote Requirement – Any vote of the directors at the meeting must be conducted by a roll call vote. (Civ. Code § 4926(a)(3).)

Option to Participate by Telephone Requirement – Any person who is entitled to participate in the meeting must be given the option of participating by telephone. (Civ. Code § 4926(a)(4).)

Not Permitted for Ballot Counting Meetings
A meeting at which ballots are counted and tabulated pursuant to Civil Code Section 5120 may not be conducted virtually (Civ. Code § 4926(b).) If an HOA wants to conduct this meeting by teleconference, it must specify a physical location as discussed above. (Civ. Code § 4090(b).)

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