As we prepare to close out 2021, we would like to highlight some important new legislation that affects your common interest development.
On September 23, 2021, Governor Newsom signed SB 391 into law as urgency legislation, and it became effective immediately. SB 391 adds Section 5450 to the California Civil Code, establishing that California common interest developments are permitted to conduct board meetings and meetings of the membership via video or teleconference if gathering in person is unsafe or impossible because the common interest development is located in an area affected by a declared federal, state, or local emergency.
SB 391 allows associations more flexibility in conducting board meetings and meetings of the members. Given the current state of the COVID-19 pandemic and associated emergency orders, SB 391 allows associations to conduct business while ensuring board members and homeowners can take appropriate precautions.
If your association is conducting board and/or membership meetings solely via telephone or video conference platforms, such as Zoom, because of the ongoing COVID-19 pandemic, your association must immediately comply with the requirements of Civil Code Section 5450(b), and specifically the notice requirements contained therein.
As such, notice of the first meeting that is conducted virtually for a particular disaster or emergency affecting the association must be delivered to the members by individual delivery. Subsequent notices may be posted by general delivery. All notices of virtual meetings must include, in addition to other required content for meeting notices, all of the following information:
- Clear technical instructions on how to participate by video or teleconference.
- The telephone number and email address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
- A reminder that a member may request individual delivery of future meeting notices, with instructions on how to do so.
A sample meeting notice which meets the above criteria is embedded below for your reference:
All other requirements for giving notice of a meeting remain the same, including the timing of the notice and the requirement to also provide the agenda for the meeting. If you have any questions regarding how to comply with the requirements set forth in Civil Code Section 5450 please feel free to contact us and speak to one of our attorneys.
