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Many homeowner associations transitioned to video or telephone conference only meetings in response to the Covid-19 pandemic. This was entirely understandable. But, please note, emergency legislation took effect on September 24, 2021 (SB 391/California Civil Code Section 5450) that impacts the ability of an Association to hold an open session Board meeting or membership meeting exclusively by telephone or video conference due to safety concerns. Now, where gathering in person is unsafe or impossible because a common interest development is in an area affected by a government declared state of disaster or state of emergency, the Association will only be able to hold an open session Board meeting or membership meeting without designating a physical location for attendance if a specific notice is first provided to all the members. Further, means must be provided for each member to attend the meeting by teleconference. (There are further requirements for conducting a meeting at which ballots are counted and tabulated when there will be no physical location for observing the counting and tabulation of the votes.)
Associations that are looking to hold open session Board meetings and membership meetings by video or telephone conference because of a government declared state of disaster or emergency now need to satisfy the specific notice and technical requirements of the new Civil Code Section 5450.
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