Roseman Law, APC is currently recommending that board meetings and membership meetings should be postponed for at least thirty (30) days if your association does not have any urgent matters to address. We say “currently” because the restrictions being imposed in response to the COVID-19 pandemic, both voluntary and mandatory, are changing by the day. While we are not medical experts, the prevailing wisdom from those who are is to self-isolate. Fortunately, most association issues are not so pressing as to warrant transmitting or being infected by the Coronavirus at an association meeting.
With that said, there is an alternative. Civil Code § 4090 provides the definition of a “Board Meeting” and § 4090(b) sets forth the following requirements for an association to hold a Board Meeting via “teleconference”.
- First, as always, the association must give notice of the Board Meeting. Unless the meeting will be held solely in Executive Session, the notice must identify at least one physical location at which the members of the association can attend the meeting.
- At least one Director or a person designated by the Board must be present at that location.
- Then, also as always, quorum must be established. In the case of a teleconference Board Meeting, this occurs when a sufficient number of directors to establish a quorum “are connected by electronic means, through audio or video, or both.” In other words, a conference call.
- Having given notice and having established a quorum, the meeting may proceed provided that all the participants and attendees, including the Directors and the members, are able to hear one another. There are any number of devices which provide the capability for both audio and video teleconferencing, but it can be as simple as using a phone on speaker mode just so long as everyone can hear everyone else.
- All the other rules and requirements imposed by statutory laws and the association’s governing documents apply equally to a Board meeting conducted via teleconference.
Roseman Law sends our best wishes to you, your families, and your communities in these trying times. Please stay safe and healthy, and do not hesitate to contact us if you have any questions or concerns.