In 2024, Civil Code 4926 will allow 100% virtual meetings, in addition to the current in-person and hybrid formats.
Since the start of the pandemic and the rise of virtual meetings, readers have raised various questions about what is permissible for virtual meetings. Here are some suggestions for modifying your HOA’s meeting policies.
Know who’s there: Require participants to rename themselves in the meeting, using their name and HOA address, to ensure transparency and accountability.
Members only: Emphasize that only HOA members, specifically homeowners, have the right to attend meetings. The rules should clarify this to prevent unauthorized individuals from joining the meetings.
Visible presence: Participants should be required to have their cameras turned on to confirm their identity and entitlement to attend. Additionally, consider prohibiting the display of any inappropriate visuals or backgrounds.
Silence is golden: Participants should mute their microphones unless called upon to speak. Alternatively, set up the virtual meeting so that all attendees are automatically muted, with only the host having the ability to unmute them.
Off the record: Clearly state that virtual meetings will not be recorded, and that the HOA does not consent to any recordings being made. Members should not feel pressured about their comments potentially being shared outside of the meeting.
Recording should not be allowed. Remember, the HOA is a neighborhood association, not a government agency, and its board members are unpaid volunteers, not politicians. They should not be burdened with the need to choose their words carefully – that is the role of lawyers.
No chat, please: I have witnessed many offensive statements in the chat box during virtual or hybrid meetings over the past three years. Homeowners tend to write things they would never say openly in a live meeting.
Moreover, live meeting participants are not allowed to engage in informal banter, so it makes sense to disable the chat box. Any open discussion should be verbal, not through written chat notes.
Interrupting behavior: A policy should make it clear that, similar to live meetings, anyone violating the rules will receive a warning and may be removed from the meeting.
Emergency contact: The new statute mandates notifying all members about whom to contact in case of technical issues. Consider including this information in your virtual meeting rules.
Roll call voting: In purely virtual meetings, Civil Code 4926 requires all board votes to be conducted by roll call, with each director verbally stating their vote on each matter (yes, no, or abstain).
There are likely additional policies to consider – please share your suggestions!
If your HOA opts for purely virtual board meetings, make them a valuable asset to your community, not just a convenience.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm renowned for its community association advice. Submit column questions to [email protected].
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