Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S900 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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