Earlier this year, Gov. Gavin Newsom signed Assembly Bill 648, creating Civil Code Section 4926, which allows telephonic or virtual board meetings to be held without the physical location required by Civil Code Section 4090(b) starting January 1st, 2024.

And while this bill will end over three years of confusion regarding whether HOAs could hold purely virtual meetings and is a step in the right direction to modernizing community governance meetings in California, many have begun to ask, what do I need to know before holding a virtual board meeting as a California HOA? Let's take a look at the new requirements beginning in 2024 for purely virtual or telephonic board meetings:

  • Notice of Board Meeting - The notice for the board meeting (distributed at least four days in advance, per Civil Code Section 4920(a)) must include the following:

- Technical instructions - The notice must include clear technical instructions on how to join and participate in the meeting.

- Contact Information - The notice must include the contact information (telephone number and email) of someone who can assist attendees who have difficulties joining or staying in the meeting.

- Individual Delivery - A reminder that members may request individual delivery of meeting notices, with instructions on how to do so, is also required.

  • Ability to Participate - Each director and member must be able to participate in the meeting in the same capacity that would exist if the meeting were held in person. While this does not mean that every member attending can speak and interrupt the board whenever they choose, it does mean that an open forum will be conducted and that every attendee should be able to hear the board’s deliberations.
  • Voting - All board votes in purely virtual meetings must be by roll call vote, meaning that the chair or secretary of the board must call the name of each director attending and ask how they vote on the motion. The meeting minutes will also need to reflect how each director voted on the motion.
  • Participating by Telephone - Anyone entitled to participate in the meeting must be given the option of participating via telephone.

In conclusion, thanks to this new law, HOA boards throughout California will have three options for conducting their meetings: purely in-person meetings, purely virtual meetings or a hybrid meeting (under Civil Code 4090(b)), providing boards with improved flexibility when conducting their board meetings while simultaneously alleviating the lingering confusion whether HOAs could hold purely virtual meetings.

Ready to hold your next Board Meeting virtually?

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