Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S900 Compare Versions

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22 SENATE DOCKET, NO. 1534 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 900
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Rebecca L. Rausch
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to electronic meetings and voting in condominiums.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 3
1616 SENATE DOCKET, NO. 1534 FILED ON: 1/19/2023
1717 SENATE . . . . . . . . . . . . . . No. 900
1818 By Ms. Rausch, a petition (accompanied by bill, Senate, No. 900) of Rebecca L. Rausch for
1919 legislation relative to electronic meetings and voting in condominiums. Housing.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Third General Court
2323 (2023-2024)
2424 _______________
2525 An Act relative to electronic meetings and voting in condominiums.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 Chapter 183A of the General Laws is hereby amended by adding the following section:-
2929 2 Section 24. Notwithstanding any provisions in the master deed, declaration of trust or
3030 3bylaws of any condominium submitted to the provisions of this chapter to the contrary:
3131 4 (a) The governing body of the organization of unit owners may conduct any regularly
3232 5scheduled or special meeting of said governing body by telephonic or video conference call, or
3333 6by interactive electronic communication process provided that all participants can hear all
3434 7conversations. Presence by such electronic means shall constitute presence for purposes of any
3535 8quorum requirements. The governing body may vote on any action properly before them and
3636 9approve minutes of any meeting through the use of electronic means as approved by the
3737 10governing body, including, but not limited to, email, video conferencing, fax machine, or PDF
3838 11files transmitted over the internet. 2 of 3
3939 12 (b) The governing body of the organization of unit owners may conduct any annual or
4040 13special meeting of the unit owners where the unit owners are not physically present at the
4141 14meeting, but are able to participate in said meeting by telephonic or video conference call, or by
4242 15other interactive electronic communication process as determined by the governing body. In the
4343 16event the governing body determines to hold any such unit owner meeting by telephonic, video
4444 17or other electronic communication process, the governing body shall notify all unit owners of
4545 18that decision in the notice of such meeting, and provide access information to allow all unit
4646 19owners to participate in such meeting by such telephonic, video or other interactive electronic
4747 20communication process. Participation by a unit owner via telephonic, video or other interactive
4848 21electronic communication process shall constitute presence at the meeting for purposes of any
4949 22quorum requirements. Any unit owner meetings held by telephonic, video or other interactive
5050 23electronic communication process shall provide reasonable measures to ensure that unit owners
5151 24are afforded an opportunity to participate in the meeting, including the ability to read or hear the
5252 25proceedings of the meeting and pose questions and comments.
5353 26 (c) The governing body of the organization of unit owners may permit the unit owners to
5454 27vote on any matters properly before such unit owners by mail-in ballot or by electronic means
5555 28(including by website, voting software and/or e-mail voting) provided that unit owners
5656 29constituting a quorum participate in such vote. The governing body may, from time to time,
5757 30pursuant to its rule-making authority set forth in the governing documents of the organization of
5858 31unit owners, promulgate and amend policies related to the use and implementation of electronic
5959 32meetings and voting. In the event the master deed, declaration of trust, or bylaws of the
6060 33condominium, or any provisions of MGL c. 183A require the signature or written consent of the 3 of 3
6161 34unit owners for a certain matter, unit owners shall be entitled to submit their signatures or written
6262 35consents using electronic means as determined by the governing body.