Maryland 2022 Regular Session

Maryland House Bill HB1147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb1147
9	6
10	7		HOUSE BILL 1147
11	8		N1 2lr2703
12	9
13	10		By: Delegates Terrasa and Lehman
14	11		Introduced and read first time: February 11, 2022
15	12		Assigned to: Environment and Transportation
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 13, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Real Property – Cooperative Housing Corporations, Condominiums, and 2
25	19		Homeowners Associations – Virtual Meetings 3
26	20
27	21		FOR the purpose of requiring a person conducting a meeting of a cooperative housing 4
28	22		corporation, condominium, or homeowners association by telephone conference, 5
29	23		video conference, or similar electronic means, to provide a participant a reasonable 6
30	24		opportunity to participate in the meeting; requiring certain participants in a meeting 7
31	25		of a cooperative housing corporation, condominium, or homeowners association to 8
32	26		have equal access to any available chat function; and generally relating to 9
33	27		cooperative housing corporations, condominiums, and homeowners associations. 10
34	28
35	29		BY repealing and reenacting, with amendments, 11
36	30		Article – Corporations and Associations 12
37	31		Section 5–6B–25.1 13
38	32		Annotated Code of Maryland 14
39	33		(2014 Replacement Volume and 2021 Supplement) 15
40	34
41	35		BY repealing and reenacting, with amendments, 16
42	36		Article – Real Property 17
43	37		Section 11–139.3 and 11B–113.6 18
44	38		Annotated Code of Maryland 19
45	39		(2015 Replacement Volume and 2021 Supplement) 20
46	40
47	41		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
48		-	That the Laws of Maryland read as follows: 22 2 HOUSE BILL 1147
	42	+	That the Laws of Maryland read as follows: 22
	43	+
	44	+	Article – Corporations and Associations 23
	45	+
	46	+	5–6B–25.1. 24
	47	+
	48	+	(a) (1) Notwithstanding language contained in the governing documents of the 25 2 HOUSE BILL 1147
	49	+
	50	+
	51	+	cooperative housing corporation, the board of directors may authorize any meetings of the 1
	52	+	cooperative housing corporation, the board of directors, or a committee of the cooperative 2
	53	+	housing corporation to be conducted or attended by telephone conference, video conference, 3
	54	+	or similar electronic means. 4
	55	+
	56	+	(2) If a meeting is conducted by telephone conference, video conference, or 5
	57	+	similar electronic means[, the]: 6
	58	+
	59	+	(I) THE equipment or system used must permit any member, board 7
	60	+	member, or committee member in attendance to hear and be heard by all other members 8
	61	+	participating in the meeting; 9
	62	+
	63	+	(II) THE PERSON CONDUCTING THE MEETI NG SHALL ALLOW 10
	64	+	ALL PARTICIPANTS A REASONABLE OPPORTUNITY TO : 11
	65	+
	66	+	1. BE HEARD BY ALL OTHER MEMBERS PARTICIPATING 12
	67	+	IN THE MEETING ; AND 13
	68	+
	69	+	2. CALL FOR A VOTE ON , OR OBJECT TO , MATTERS 14
	70	+	PRESENTED AT THE MEE TING TO THE SAME EXT ENT AS IF THE MEETING WERE 15
	71	+	CONDUCTED IN PERSON ; AND 16
	72	+
	73	+	(III) THE PERSON CONDUCTING THE MEETI NG MAY MUTE A 17
	74	+	PARTICIPANT IF THE PARTICIPANT BECOMES DISRUPTIVE A ND IS PROVIDED A 18
	75	+	WARNING. 19
	76	+
	77	+	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 20
	78	+	ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND OTHER 21
	79	+	MEMBERS SHALL HAVE THE SAME ACCESS TO ANY CHAT F UNCTION. 22
	80	+
	81	+	(4) A link or instructions on how to access the meeting by telephone 23
	82	+	conference, video conference, or similar electronic means shall be included in the notice of 24
	83	+	the meeting. 25
	84	+
	85	+	[(4)] (5) No specific authorization from members shall be required to hold 26
	86	+	a meeting electronically. 27
	87	+
	88	+	(b) Any member, board member, or committee member attending a meeting by 28
	89	+	telephone conference, video conference, or similar electronic means shall be deemed present 29
	90	+	for quorum and voting purposes. 30
	91	+
	92	+	(c) (1) (i) Any matter requiring a vote of the cooperative housing 31
	93	+	corporation may be set by the board of directors for a vote at the meeting, and a ballot may 32
	94	+	be delivered to members with notice of the meeting. 33
	95	+	HOUSE BILL 1147 3
	96	+
	97	+
	98	+	(ii) Only those members present during the telephone conference, 1
	99	+	video conference, or similar electronic meeting shall be authorized to vote a ballot in 2
	100	+	accordance with this subsection. 3
	101	+
	102	+	(iii) Members who are not present at the meeting may: 4
	103	+
	104	+	1. Vote by proxy in accordance with the requirements of the 5
	105	+	governing documents and this title; and 6
	106	+
	107	+	2. Be considered present for quorum purposes through their 7
	108	+	proxy. 8
	109	+
	110	+	(2) (i) The board of directors may set a reasonable deadline for return 9
	111	+	of a ballot to the cooperative housing corporation, including return by electronic 10
	112	+	transmission. 11
	113	+
	114	+	(ii) The deadline for return of the ballot shall be not later than 24 12
	115	+	hours after the conclusion of the meeting. 13
	116	+
	117	+	(d) Notwithstanding language contained in the governing documents of the 14
	118	+	cooperative housing corporation, nominations from the floor at the meeting are not required 15
	119	+	if at least one candidate has been nominated to fill each open board position. 16
	120	+
	121	+	(e) The inability of a member to join a meeting due to technical difficulties with 17
	122	+	the member’s telephone, computer, or other electronic device does not invalidate the 18
	123	+	meeting or any action taken at the meeting. 19
	124	+
	125	+	Article – Real Property 20
	126	+
	127	+	11–139.3. 21
	128	+
	129	+	(a) (1) Notwithstanding language contained in the governing documents of the 22
	130	+	council of unit owners, the board of directors may authorize any meetings of the council of 23
	131	+	unit owners, the board of directors, or a committee of the council of unit owners or the board 24
	132	+	of directors to be conducted or attended by telephone conference, video conference, or 25
	133	+	similar electronic means. 26
	134	+
	135	+	(2) If a meeting is conducted by telephone conference, video conference, or 27
	136	+	similar electronic means[, the]: 28
	137	+
	138	+	(I) THE equipment or system used must permit any unit owner, 29
	139	+	board member, or committee member in attendance to hear and be heard by all others 30
	140	+	participating in the meeting; 31
	141	+
	142	+	(II) THE PERSON CONDUCTING THE MEETI NG SHALL ALLOW 32
	143	+	ALL PARTICIPANTS A REASONABLE OPPORTU NITY TO: 33 4 HOUSE BILL 1147
49	144
50	145
51	146
52		-	Article – Corporations and Associations 1
	147	+	1. BE HEARD BY ALL OTHERS PARTICIPATING IN THE 1
	148	+	MEETING; AND 2
53	149
54		-	5–6B–25.1. 2
	150	+	2. CALL FOR A VOTE ON , OR OBJECT TO , MATTERS 3
	151	+	PRESENTED AT THE MEE TING TO THE SAME EXT ENT AS IF THE MEETING WERE 4
	152	+	CONDUCTED IN PERSON ; AND 5
55	153
56		-	(a) (1) Notwithstanding language contained in the governing documents of the 3
57		-	cooperative housing corporation, the board of directors may authorize any meetings of the 4
58		-	cooperative housing corporation, the board of directors, or a committee of the cooperative 5
59		-	housing corporation to be conducted or attended by telephone conference, video conference, 6
60		-	or similar electronic means. 7
	154	+	(III) THE PERSON CONDUCTING THE MEETI NG MAY MUTE A 6
	155	+	PARTICIPANT IF THE PARTICIPANT BECOMES DISRUPTIVE A ND IS PROVIDE D A 7
	156	+	WARNING. 8
61	157
62		-	(2) If a meeting is conducted by telephone conference, video conference, or 8
63		-	similar electronic means[, the]: 9
	158	+	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 9
	159	+	ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND UNIT 10
	160	+	OWNERS SHALL HAVE THE SAME ACCESS TO ANY CHAT F UNCTION. 11
64	161
65		-	(I) THE ~~equipment or system used must permit any member, board 10~~
66		-	~~member~~, or ~~committee member~~ in ~~attendance to hear and be heard by all other members 11~~
67		-	~~participating in~~ the meeting ~~IN ACCORDANC E WITH THE GOVERNING DOCUMENTS ; 12~~
	162	+	(4) A link or instructions on how to access the meeting by telephone 12
	163	+	conference, video conference, or similar electronic means shall be included in the notice of 13
	164	+	the meeting. 14
68	165
69		-	(II) ~~THE PERSON CONDUCTING THE MEETING~~ SHALL ~~AL LOW 13~~
70		-	~~ALL PARTICIPANTS~~ A ~~R EASONABLE OPPORTUNIT Y TO: 14~~
	166	+	[(4)] (5) No specific authorization from unit owners shall be required to 15
	167	+	hold a meeting electronically. 16
71	168
72		-	1. BE HEARD BY ALL OTHER MEMBERS PARTICIPATIN G 15
73		-	IN THE MEETING ; AND 16
	169	+	(b) Any unit owner, board member, or committee member attending a meeting by 17
	170	+	telephone conference, video conference, or similar electronic means shall be deemed present 18
	171	+	for quorum and voting purposes. 19
74	172
75		-	~~2. CALL FOR~~ A VOTE ~~ON , OR OBJECT TO , MATTERS 17~~
76		-	~~PRESENTED~~ AT ~~PARTICIPATE IN~~ THE MEETING TO ~~THE S AME EXTENT AS IF THE 18~~
77		-	MEETING ~~WERE CONDUCT ED IN PERSON; AND 19~~
	173	+	(c) (1) (i) Any matter requiring a vote of the council of unit owners may be 20
	174	+	set by the board of directors for a vote at the meeting, and a ballot may be delivered to unit 21
	175	+	owners with notice of the meeting. 22
78	176
79		-	(III) THE PERSON CONDUCTING THE MEETING MAY MUTE A 20
80		-	PARTICIPANT IF THE P ARTICIPANT BECOMES D ISRUPTIVE AND IS PRO VIDED A 21
81		-	WARNING PROVIDED THAT ALL PARTICIPANTS ARE GRA NTED THE ABILITY TO 22
82		-	UNMUTE THEMSELVES , THE PERSON CONDUCTIN G THE MEETING OR THE IR 23
83		-	DESIGNEE MAY MUTE AL L PARTICIPANTS: 24
	177	+	(ii) Only those unit owners present during the telephone conference, 23
	178	+	video conference, or similar electronic meeting shall be authorized to vote by ballot in 24
	179	+	accordance with this subsection. 25
84	180
85		-	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 25
86		-	CONDUCTING BUSINESS ; 26
	181	+	(iii) Unit owners who are not present at the meeting may: 26
87	182
88		-	2. DURING PRESENTATIONS ; AND 27
	183	+	1. Vote by proxy in accordance with the requirements of the 27
	184	+	governing documents and this title; and 28
89	185
90		-	3. ~~TO AVOID INTERFERENCE F ROM BACKGROUND 28~~
91		-	~~NOISE; AND 29~~
	186	+	2. Be considered present for quorum purposes through their 29
	187	+	proxy. 30
92	188
93		-	(IV) IF A ~~PARTICIPANT INTE RFERES IN THE ABILIT Y TO 30~~
94		-	~~CONDUCT~~ THE ~~MEETING~~ , ~~THE PERSON CONDUCTIN G THE MEETING OR THE 31~~
95		-	~~PERSON’S DESIGNEE MAY : 32~~ HOUSE BILL 1147 3
	189	+	(2) (i) The board of directors may set a reasonable deadline for return 31
	190	+	of a ballot to the council of unit owners, including return by electronic transmission. 32
	191	+	HOUSE BILL 1147 5
96	192
97	193
	194	+	(ii) The deadline for return of the ballot shall be not later than 24 1
	195	+	hours after the conclusion of the meeting. 2
98	196
99		-	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 1
100		-	UNMUTE; AND 2
	197	+	(d) Notwithstanding language contained in the governing documents of the 3
	198	+	council of unit owners, nominations from the floor at the meeting are not required if at least 4
	199	+	one candidate has been nominated to fill each open board position. 5
101	200
102		-	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 3
103		-	MEETING AFTER WARNIN G THE PARTICIPANT . 4
	201	+	(e) The inability of a unit owner to join a meeting due to technical difficulties with 6
	202	+	the unit owner’s telephone, computer, or other electronic device does not invalidate the 7
	203	+	meeting or any action taken at the meeting. 8
104	204
105		-	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 5
106		-	ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND OTHER 6
107		-	MEMBERS PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY CHAT F UNCTION. 7
	205	+	11B–113.6. 9
108	206
109		-	(4) A link or instructions on how to access the meeting by telephone 8
110		-	conference, video conference, or similar electronic means shall be included in the notice of 9
111		-	the meeting. 10
	207	+	(a) (1) Notwithstanding language contained in the governing documents of the 10
	208	+	homeowners association, the governing body may authorize meetings of the homeowners 11
	209	+	association, the governing body, or a committee of the homeowners association to be 12
	210	+	conducted or attended by telephone conference, video conference, or similar electronic 13
	211	+	means. 14
112	212
113		-	~~[(4)]~~ (5) ~~No specific authorization from members shall be required to hold 11~~
114		-	~~a meeting electronically.~~ 12
	213	+	(2) If a meeting is conducted by telephone conference, video conference, or 15
	214	+	similar electronic means[, the]: 16
115	215
116		-	(b) Any ~~member~~, board ~~member, or committee member attending a meeting by 13~~
117		-	~~telephone conference, video conference~~, or ~~similar electronic means shall~~ be ~~deemed present 14~~
118		-	~~for quorum and voting purposes.~~ 15
	216	+	(I) THE equipment or system used must permit any lot owner, board 17
	217	+	member, or committee member in attendance to hear and be heard by all others 18
	218	+	participating in the meeting; 19
119	219
120		-	(c) (1) (i) Any matter requiring a vote of the cooperative housing 16
121		-	corporation may be set by the board of directors for a vote at the meeting, and a ballot may 17
122		-	be delivered to members with notice of the meeting. 18
	220	+	(II) THE PERSON CONDUCTING THE MEETI NG SHALL ALLOW 20
	221	+	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 21
123	222
124		-	(ii) Only those members present during the telephone conference, 19
125		-	video conference, or similar electronic meeting shall be authorized to vote a ballot in 20
126		-	accordance with this subsection. 21
	223	+	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 22
	224	+	MEETING; AND 23
127	225
128		-	(iii) Members who are not present at the meeting may: 22
	226	+	2. CALL FOR A VOTE ON , OR OBJECT TO , MATTERS 24
	227	+	PRESENTED AT THE MEE TING TO THE SAME EXT ENT AS IF THE MEETING WERE 25
	228	+	CONDUCTED IN PERSON ; AND 26
129	229
130		-	1. Vote by proxy in accordance with the requirements of the 23
131		-	governing documents and this title; and 24
	230	+	(III) THE PERSON CONDUCTING THE MEETI NG MAY MUTE A 27
	231	+	PARTICIPANT IF THE P ARTICIPANT BECOMES D ISRUPTIVE AND IS PRO VIDED A 28
	232	+	WARNING. 29
132	233
133		-	2. Be considered present for quorum purposes through their 25
134		-	proxy. 26
	234	+	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 30
	235	+	ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND LOT 31
	236	+	OWNERS SHALL HAVE TH E SAME ACCESS TO ANY CHAT FUNCTION. 32
135	237
136		-	(2) (i) The board of directors may set a reasonable deadline for return 27
137		-	of a ballot to the cooperative housing corporation, including return by electronic 28
138		-	transmission. 29
139		-
140		-	(ii) The deadline for return of the ballot shall be not later than 24 30
141		-	hours after the conclusion of the meeting. 31
142		-	4 HOUSE BILL 1147
	238	+	(4) A link or instructions on how to access the meeting by telephone 33 6 HOUSE BILL 1147
143	239
144	240
145		-	(d) Notwithstanding language contained in the governing documents of the 1
146		-	cooperative housing corporation, nominations from the floor at the meeting are not required 2
147		-	if at least one candidate has been nominated to fill each open board position. 3
	241	+	conference, video conference, or similar electronic means shall be included in the notice of 1
	242	+	the meeting. 2
148	243
149		-	(e) The inability of a member to join a meeting due to technical difficulties with 4
150		-	the member’s telephone, computer, or other electronic device does not invalidate the 5
151		-	meeting or any action taken at the meeting. 6
	244	+	[(4)] (5) No specific authorization from lot owners shall be required to 3
	245	+	hold a meeting electronically. 4
152	246
153		-	Article – Real Property 7
	247	+	(b) Any lot owner, board member, or committee member attending a meeting by 5
	248	+	telephone conference, video conference, or similar electronic means shall be deemed present 6
	249	+	for quorum and voting purposes. 7
154	250
155		-	11–139.3. 8
	251	+	(c) (1) (i) Any matter requiring a vote of the homeowners association may 8
	252	+	be set by the governing body for a vote at the meeting, and a ballot may be delivered to 9
	253	+	members with notice of the meeting. 10
156	254
157		-	(a) (1) Notwithstanding language contained in the governing documents of the 9
158		-	council of unit owners, the board of directors may authorize any meetings of the council of 10
159		-	unit owners, the board of directors, or a committee of the council of unit owners or the board 11
160		-	of directors to be conducted or attended by telephone conference, video conference, or 12
161		-	similar electronic means. 13
	255	+	(ii) Only those lot owners present during the telephone conference, 11
	256	+	video conference, or similar electronic meeting shall be authorized to vote a ballot in 12
	257	+	accordance with this subsection. 13
162	258
163		-	(2) If a meeting is conducted by telephone conference, video conference, or 14
164		-	similar electronic means[, the]: 15
	259	+	(iii) Lot owners who are not present at the meeting may: 14
165	260
166		-	(I) THE equipment or system used must permit any unit owner, 16
167		-	board member, or committee member in attendance to hear and be heard by all others 17
168		-	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 18
	261	+	1. Vote by proxy in accordance with the requirements of the 15
	262	+	governing documents and this title; and 16
169	263
170		-	~~(II) THE PERSON CONDUCTING THE MEETING SH ALL ALLOW 19~~
171		-	~~ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 20~~
	264	+	2. Be considered present for quorum purposes through their 17
	265	+	proxy. 18
172	266
173		-	~~1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 21~~
174		-	~~MEETING; AND 22~~
	267	+	(2) (i) The governing body may set a reasonable deadline for return of 19
	268	+	a ballot to the homeowners association, including return by electronic transmission. 20
175	269
176		-	2. CALL FOR A VOTE ON , OR OBJECT TO , MATTERS 23
177		-	PRESENTED AT PARTICIPATE IN THE MEETING TO THE S AME EXTENT AS IF THE 24
178		-	MEETING WERE CON DUCTED IN PERSON ; AND 25
	270	+	(ii) The deadline for return of the ballot shall be not later than 24 21
	271	+	hours after the conclusion of the meeting. 22
179	272
180		-	(III) THE PERSON CONDUCTING THE MEETING MAY MUTE A 26
181		-	PARTICIPANT IF THE P ARTICIPANT BECOMES D ISRUPTIVE AND IS PRO VIDED A 27
182		-	WARNING PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE ABILITY TO 28
183		-	UNMUTE THEMSELVES , THE PERSON CONDUCTIN G THE MEETING OR THE PERSO N’S 29
184		-	DESIGNEE MAY MUTE AL L PARTICIPANTS: 30
	273	+	(d) Notwithstanding language contained in the governing documents of the 23
	274	+	homeowners association, nominations from the floor at the meeting are not required if at 24
	275	+	least one candidate has been nominated to fill each open position in the governing body. 25
185	276
186		-	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 31
187		-	CONDUCTING BUSINESS ; 32
	277	+	(e) The inability of a lot owner to join a meeting due to technical difficulties with 26
	278	+	the lot owner’s telephone, computer, or other electronic device does not invalidate the 27
	279	+	meeting or any action taken at the meeting. 28
188	280
189		-	2. DURING PRESENTATIONS ; AND 33 HOUSE BILL 1147 5
190		-
191		-
192		-
193		-	3. TO AVOID INTERFERENCE FROM BACKGROUND 1
194		-	NOISE; AND 2
195		-
196		-	(IV) IF A PARTICIPANT INTERFERES IN THE AB ILITY TO 3
197		-	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 4
198		-	PERSON’S DESIGNEE MAY : 5
199		-
200		-	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 6
201		-	UNMUTE; AND 7
202		-
203		-	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 8
204		-	MEETING AFTER WARNIN G THE PARTICIPANT. 9
205		-
206		-	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 10
207		-	ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND UNIT 11
208		-	OWNERS PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY CHAT F UNCTION. 12
209		-
210		-	(4) A link or instructions on how to access the meeting by telephone 13
211		-	conference, video conference, or similar electronic means shall be included in the notice of 14
212		-	the meeting. 15
213		-
214		-	[(4)] (5) No specific authorization from unit owners shall be required to 16
215		-	hold a meeting electronically. 17
216		-
217		-	(b) Any unit owner, board member, or committee member attending a meeting by 18
218		-	telephone conference, video conference, or similar electronic means shall be deemed present 19
219		-	for quorum and voting purposes. 20
220		-
221		-	(c) (1) (i) Any matter requiring a vote of the council of unit owners may be 21
222		-	set by the board of directors for a vote at the meeting, and a ballot may be delivered to unit 22
223		-	owners with notice of the meeting. 23
224		-
225		-	(ii) Only those unit owners present during the telephone conference, 24
226		-	video conference, or similar electronic meeting shall be authorized to vote by ballot in 25
227		-	accordance with this subsection. 26
228		-
229		-	(iii) Unit owners who are not present at the meeting may: 27
230		-
231		-	1. Vote by proxy in accordance with the requirements of the 28
232		-	governing documents and this title; and 29
233		-
234		-	2. Be considered present for quorum purposes through their 30
235		-	proxy. 31
236		-	6 HOUSE BILL 1147
237		-
238		-
239		-	(2) (i) The board of directors may set a reasonable deadline for return 1
240		-	of a ballot to the council of unit owners, including return by electronic transmission. 2
241		-
242		-	(ii) The deadline for return of the ballot shall be not later than 24 3
243		-	hours after the conclusion of the meeting. 4
244		-
245		-	(d) Notwithstanding language contained in the governing documents of the 5
246		-	council of unit owners, nominations from the floor at the meeting are not required if at least 6
247		-	one candidate has been nominated to fill each open board position. 7
248		-
249		-	(e) The inability of a unit owner to join a meeting due to technical difficulties with 8
250		-	the unit owner’s telephone, computer, or other electronic device does not invalidate the 9
251		-	meeting or any action taken at the meeting. 10
252		-
253		-	11B–113.6. 11
254		-
255		-	(a) (1) Notwithstanding language contained in the governing documents of the 12
256		-	homeowners association, the governing body may authorize meetings of the homeowners 13
257		-	association, the governing body, or a committee of the homeowners association to be 14
258		-	conducted or attended by telephone conference, video conference, or similar electronic 15
259		-	means. 16
260		-
261		-	(2) If a meeting is conducted by telephone conference, video conference, or 17
262		-	similar electronic means[, the]: 18
263		-
264		-	(I) THE equipment or system used must permit any lot owner, board 19
265		-	member, or committee member in attendance to hear and be heard by all others 20
266		-	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 21
267		-
268		-	(II) THE PERSON CONDUCTING THE MEETING S HALL ALLOW 22
269		-	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 23
270		-
271		-	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 24
272		-	MEETING; AND 25
273		-
274		-	2. CALL FOR A VOTE ON , OR OBJECT TO , MATTERS 26
275		-	PRESENTED AT PARTICIPATE IN THE MEETING TO THE S AME EXTENT AS IF THE 27
276		-	MEETING WERE CONDUCT ED IN PERSON; AND 28
277		-
278		-	(III) THE PERSON CONDUCTING THE MEETING MAY MUTE A 29
279		-	PARTICIPANT IF THE P ARTICIPANT BECOMES D ISRUPTIVE AND IS PRO VIDED A 30
280		-	WARNING PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE ABILITY TO 31
281		-	UNMUTE THEMSELVES , THE PERSON CONDUCTIN G THE MEETING OR THE PERSON’S 32
282		-	DESIGNEE MAY MUTE AL L PARTICIPANTS: 33
283		-	HOUSE BILL 1147 7
284		-
285		-
286		-	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 1
287		-	CONDUCTING BUSINESS ; 2
288		-
289		-	2. DURING PRESENTATIONS ; AND 3
290		-
291		-	3. TO AVOID INTERFERENCE FROM BACKGROUND 4
292		-	NOISE; AND 5
293		-
294		-	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 6
295		-	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 7
296		-	PERSON’S DESIGNEE MAY : 8
297		-
298		-	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 9
299		-	UNMUTE; AND 10
300		-
301		-	2. IF NECESSARY, REMOVE THE PARTICIPANT FR OM THE 11
302		-	MEETING AFTER WARNIN G THE PARTICIPANT . 12
303		-
304		-	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 13
305		-	ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND LOT 14
306		-	OWNERS PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY CHAT F UNCTION. 15
307		-
308		-	(4) A link or instructions on how to access the meeting by telephone 16
309		-	conference, video conference, or similar electronic means shall be included in the notice of 17
310		-	the meeting. 18
311		-
312		-	[(4)] (5) No specific authorization from lot owners shall be required to 19
313		-	hold a meeting electronically. 20
314		-
315		-	(b) Any lot owner, board member, or committee member attending a meeting by 21
316		-	telephone conference, video conference, or similar electronic means shall be deemed present 22
317		-	for quorum and voting purposes. 23
318		-
319		-	(c) (1) (i) Any matter requiring a vote of the homeowners association may 24
320		-	be set by the governing body for a vote at the meeting, and a ballot may be delivered to 25
321		-	members with notice of the meeting. 26
322		-
323		-	(ii) Only those lot owners present during the telephone conference, 27
324		-	video conference, or similar electronic meeting shall be authorized to vote a ballot in 28
325		-	accordance with this subsection. 29
326		-
327		-	(iii) Lot owners who are not present at the meeting may: 30
328		-
329		-	1. Vote by proxy in accordance with the requirements of the 31
330		-	governing documents and this title; and 32
331		-	8 HOUSE BILL 1147
332		-
333		-
334		-	2. Be considered present for quorum purposes through their 1
335		-	proxy. 2
336		-
337		-	(2) (i) The governing body may set a reasonable deadline for return of 3
338		-	a ballot to the homeowners association, including return by electronic transmission. 4
339		-
340		-	(ii) The deadline for return of the ballot shall be not later than 24 5
341		-	hours after the conclusion of the meeting. 6
342		-
343		-	(d) Notwithstanding language contained in the governing documents of the 7
344		-	homeowners association, nominations from the floor at the meeting are not required if at 8
345		-	least one candidate has been nominated to fill each open position in the governing body. 9
346		-
347		-	(e) The inability of a lot owner to join a meeting due to technical difficulties with 10
348		-	the lot owner’s telephone, computer, or other electronic device does not invalidate the 11
349		-	meeting or any action taken at the meeting. 12
350		-
351		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
352		-	October 1, 2022. 14
353		-
354		-
355		-
356		-
357		-	Approved:
358		-	________________________________________________________________________________
359		-	Governor.
360		-	________________________________________________________________________________
361		-	Speaker of the House of Delegates.
362		-	________________________________________________________________________________
363		-	President of the Senate.
	281	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
	282	+	October 1, 2022. 30