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LEGAL UPDATE: Teleconference Meetings Now Allowed

Written by: Ronni Maestas

Sep | 25

Effective January 1, 2024, community associations may conduct board and member meetings entirely by teleconference, meaning without a physical location. However, certain requirements must be met in order to meet entirely by teleconference.

Overview
Currently, in order to conduct a meeting via teleconference, the Open Meeting Act requires an association also designate a “physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location.”

Signed into law on September 22, 2023, Assembly Bill 648 adds Civil Code section 4926 to the Davis-Stirling Act and authorizes fully remote meetings if specified conditions are met.

Teleconference Meeting Requirements
1. The meeting notice must contain:

      • Clear technical instructions on how to participate via teleconference;
      • Telephone number and email address of someone who can provide technical assistance before and during the meeting;
      • A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.

2. Every director and member must have the same ability to participate in the meeting that would exist if the meeting were held in person.

3. Any vote of the directors must be conducted by a roll call vote.

4. Any person entitled to participate in the meeting must have the option to participate via telephone.

A physical location is required for meetings at which ballots are to be opened and tabulated pursuant to Civil Code section 5120 (secret ballot election).