Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1338 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1939 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1338
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kevin G. Honan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to electronic meetings and voting in condominiums.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kevin G. Honan17th Suffolk1/19/2023James C. Arena-DeRosa8th Middlesex2/3/2023 1 of 3
16	16	HOUSE DOCKET, NO. 1939 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1338
18	18	By Representative Honan of Boston, a petition (accompanied by bill, House, No. 1338) of Kevin
19	19	G. Honan and James C. Arena-DeRosa relative to electronic meetings and voting in
20	20	condominiums. Housing.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1416 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to electronic meetings and voting in condominiums.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 183A of the General Laws is hereby amended by adding the following section:-
32	32	2 Section 24. Notwithstanding any provisions in the master deed, declaration of trust or
33	33	3bylaws of any condominium submitted to the provisions of this chapter to the contrary:
34	34	4 (a)The governing body of the organization of unit owners may conduct any regularly
35	35	5scheduled or special meeting of said governing body by telephonic or video conference call, or
36	36	6by interactive electronic communication process provided that all participants can hear all
37	37	7conversations. Presence by such electronic means shall constitute presence for purposes of any
38	38	8quorum requirements. The governing body may vote on any action properly before them and
39	39	9approve minutes of any meeting through the use of electronic means as approved by the 2 of 3
40	40	10governing body, including, but not limited to, email, video conferencing, fax machine, or PDF
41	41	11files transmitted over the internet.
42	42	12 (b)The governing body of the organization of unit owners may conduct any annual
43	43	13or special meeting of the unit owners where the unit owners are not physically present at the
44	44	14meeting, but are able to participate in said meeting by telephonic or video conference call, or by
45	45	15other interactive electronic communication process as determined by the governing body. In the
46	46	16event the governing body determines to hold any such unit owner meeting by telephonic, video
47	47	17or other electronic communication process, the governing body shall notify all unit owners of
48	48	18that decision in the notice of such meeting, and provide access information to allow all unit
49	49	19owners to participate in such meeting by such telephonic, video or other interactive electronic
50	50	20communication process. Participation by a unit owner via telephonic, video or other interactive
51	51	21electronic communication process shall constitute presence at the meeting for purposes of any
52	52	22quorum requirements. Any unit owner meetings held by telephonic, video or other interactive
53	53	23electronic communication process shall provide reasonable measures to ensure that unit owners
54	54	24are afforded an opportunity to participate in the meeting, including the ability to read or hear the
55	55	25proceedings of the meeting and pose questions and comments.
56	56	26 (c)The governing body of the organization of unit owners may permit the unit
57	57	27owners to vote on any matters properly before such unit owners by mail-in ballot or by electronic
58	58	28means (including by website, voting software and/or e-mail voting) provided that unit owners
59	59	29constituting a quorum participate in such vote. The governing body may, from time to time,
60	60	30pursuant to its rule-making authority set forth in the governing documents of the organization of
61	61	31unit owners, promulgate and amend policies related to the use and implementation of electronic
62	62	32meetings and voting. In the event the master deed, declaration of trust, or bylaws of the 3 of 3
63	63	33condominium, or any provisions of MGL c. 183A require the signature or written consent of the
64	64	34unit owners for a certain matter, unit owners shall be entitled to submit their signatures or written
65	65	35consents using electronic means as determined by the governing body.