District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0322 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
5		-
6	1		1
7		-
8		-	AN ACT
9		-
10		-	__________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	____________________
15		-
16		-
17		-	To amend, on an emergency basis, the Condominium Act of 1976 to authorize condominium unit
18		-	owners’ associations to conduct virtual meetings and to clarify voting and quorum
19		-	requirements for such meetings; and to amend section 29-910 of the District of Columbia
20		-	Official Code to allow cooperatives to conduct remote meetings.
21		-
22		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23		-	act may be cited as the “Association Meeting Flexibility Emergency Amendment Act of 2023”.
24		-
25		-	Sec. 2. Section 303 of the Condominium Act of 1976, effective March 29, 1977 (D.C.
26		-	Law 1-89; D.C. Official Code § 42-1903.03), is amended by adding new a subsection (f) to read
27		-	as follows:
28		-	“(f) Notwithstanding any language contained in this act or in the condominium
29		-	instruments:
30		-	“(1) The executive board may authorize unit owners to submit votes by electronic
31		-	transmission up to 7 days before the scheduled date of any meeting of the unit owners, and unit
32		-	owners who submit votes during such period shall be deemed to be present and voting in person
33		-	at such meeting.
34		-	“(2)(A) Meetings of the unit owners’ association, board of directors, or
35		-	committees may be conducted or attended by telephone conference, video conference, or similar
36		-	electronic means. If a meeting is conducted by telephone conference, video conference, or
37		-	similar electronic means, the equipment or system used must permit any unit owner in
38		-	attendance to hear and be heard by, and to comprehend what is said by, all other unit owners
39		-	participating in the meeting. Any unit owner, board member, or committee member attending
40		-	such meeting shall be deemed present for quorum purposes.
41		-	“(B) A link or instructions on how to access an electronic meeting shall be
42		-	included in the notice required under subsection (a) of this section.
43		-	“(C) Any matters requiring a vote of the unit owners’ association at an
44		-	annual or regular meeting may be set by the executive board for a vote, and a ballot may be
45		-	delivered with the notice required under subsection (a) of this section. The executive board may
46		-	set a reasonable deadline for a ballot to be returned to the association.”. ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
51		-	2
52		-
53		-
54		-	Sec. 3. Section 29-910 of the District of Columbia Official Code is amended by striking
55		-	the phrase “If authorized by the articles or bylaws” and inserting the phrase “Regardless of
56		-	whether remote regular and special meetings of members are authorized by the articles or
57		-	bylaws” in its place.
58		-
59		-	Sec. 4. Fiscal impact statement.
60		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
61		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
62		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
63		-
64		-	Sec. 5. Effective date.
65		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
66		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
67		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
68		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
69		-	D.C. Official Code § 1-204.12(a)).
70		-
71		-
72		-
73		-	______________________________
74		-	Chairman
75		-	Council of the District of Columbia
76		-
77		-
78		-
79		-
80		-	_________________________________
81		-	Mayor
82		-	District of Columbia
83		-
84		-
85		-
	2	+	Councilmember Robert C. White, Jr. 2
	3	+	3
	4	+	4
	5	+	5
	6	+	A BILL 6
	7	+	__________ 7
	8	+	8
	9	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
	10	+	____________________ 10
	11	+	11
	12	+	To amend, on an emergency basis, the Condominium Act of 1976 to authorize condominium unit 12
	13	+	owners’ associations to conduct virtual meetings and to clarify voting and quorum 13
	14	+	requirements for such meetings; and to amend section 29- 910 of the District of Columbia 14
	15	+	Official Code to allow cooperatives to conduct remote meetings. 15
	16	+	16
	17	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 17
	18	+	Act may be cited as the “Association Meeting Flexibility Emergency Amendment Act of 2023”. 18
	19	+	Sec. 2. Section 303 of the Condominium Act of 1976, effective March 29, 1977 (D.C. 19
	20	+	Law 1-89; D.C. Official Code § 42- 1903.03), is amended by adding new a subsection (f) to read 20
	21	+	as follows: 21
	22	+	“(f) Notwithstanding any language contained in this act or in the condominium 22
	23	+	instruments: 23
	24	+	“(1) The executive board may authorize unit owners to submit votes by electronic 24
	25	+	transmission up to 7 days before the scheduled date of any meeting of the unit owners, and unit 25
	26	+	owners who submit votes during such period shall be deemed to be present and voting in person 26
	27	+	at such meeting. 27
	28	+	“(2)(A) Meetings of the unit owners’ association, board of directors, or 28
	29	+	committees may be conducted or attended by telephone conference, video conference, or similar 29
	30	+	electronic means. If a meeting is conducted by telephone conference, video conference, or 30
	31	+	similar electronic means, the equipment or system used must permit any unit owner in 31 attendance to hear and be heard by, and to comprehend what is said by, all other unit owners 32
	32	+	participating in the meeting. Any unit owner, board member, or committee member attending 33
	33	+	such meeting shall be deemed present for quorum purposes. 34
	34	+	“(B) A link or instructions on how to access an electronic meeting shall be 35
	35	+	included in the notice required under subsection (a) of this section. 36
	36	+	“(C) Any matters requiring a vote of the unit owners’ association at an 37
	37	+	annual or regular meeting may be set by the executive board for a vote, and a ballot may be 38
	38	+	delivered with the notice required under subsection (a) of this section. The executive board may 39
	39	+	set a reasonable deadline for a ballot to be returned to the association.”. 40
	40	+	Sec. 3. Section 29- 910 of the District of Columbia Official Code is amended by striking 41
	41	+	the phrase “If authorized by the articles or bylaws” and inserting the phrase “Regardless of 42
	42	+	whether remote regular and special meetings of members are authorized by the articles or 43
	43	+	bylaws” in its place. 44
	44	+	Sec. 4. Fiscal impact statement. 45
	45	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 46
	46	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 47
	47	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1 -301.47a). 48
	48	+	Sec. 5. Effective date. 49
	49	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 50
	50	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 51
	51	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 52
	52	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 53
	53	+	D.C. Official Code § 1- 204.12(a)). 54