Must We Have Virtual Meetings?

By Kelly G. Richardson, Esq. CCAL, HOA Homefront Column

Mr. Richardson: It appears during the pandemic that state law changed to allow HOAs to hold board meetings by Zoom. That was reasonable at the time. Is there any movement to return to in-person meeting requirements? It would be nice to be in the same room when they discuss items of interest. Thank you R.K., San Clemente.

Dear R.K.: Civil Code Section 4926, effective since 2024, allows for purely telephonic or virtual meetings as an option for board meetings. Boards can choose to either meet in person, use virtual platforms, or meet in person with attendees also able to participate virtually. My preference is for boards to meet in person but also allow homeowners to attend virtually. I find that directors are more focused and engaged when physically meeting together, and so in-person meetings result in more effective deliberations. However, virtual platforms such as Zoom, Microsoft Teams, Webex and Google Meet (to name a few) can enable homeowners to observe their HOA board meetings when traveling, disabled, or otherwise unable to attend personally. So, my preference is “hybrid” meetings, in which the board meets in person but homeowners can log in and watch the meeting on line.

One important caveat- board meetings at which member ballots are counted cannot be virtual, per Civil Code 4926(b). This is consistent with Civil Code 5120, which requires members to be able to observe the vote counting. Also, note that the Davis-Stirling Act does not provide for virtual membership meetings. Best, Kelly

Question: Our management company was recently acquired by a larger national company and the new manager wants to hold meetings virtually. The board does not and there is no reason to do so. Any suggestions on how to handle this situation? T.B., Cardiff By The Sea.

Dear T.B.: The decision of whether to meet in person, virtually, or hybrid (board present but attendees able to virtually attend) is the board’s decision. I understand why often overloaded HOA managers would prefer to meet virtually but the choice is the HOA’s to make. Sincerely, Kelly

Our HOA meetings are only on Zoom and one board member only calls in to the meetings by phone so that he can't be seen on the Zoom at the meeting. Wherever a vote is called it's difficult to know who is voting and what his vote is unless it is called out.  Should he be required to appear in person on the Zoom screen like the other Board members?  I  know that he has a computer available and could do this but for some reason he only uses the phone. F.B., Coronado

Dear F.B.: Civil Code 4926 does not specifically require that directors have their camera on when participating in virtual board meetings. That is something that could be a board policy decision as to whether to require board cameras to be on. Attending homeowners should not have to guess how each director voted, because Civil Code 4926(a)(3) requires that ALL VOTES by the board in virtual meetings must be by “roll call” vote – meaning that the secretary or chair must call each director’s name and ask how they vote, so the minutes will therefore reflect how each director voted on each motion. Thanks, Kelly

Read California law at www.leginfo.legislature.ca.gov