EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1147*
HOUSE BILL 1147
N1 2lr2703
By: Delegates Terrasa and Lehman
Introduced and read first time: February 11, 2022
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
AN ACT concerning 1
Real Property – Cooperative Housing Corporations, Condominiums, and 2
Homeowners Associations – Virtual Meetings 3
FOR the purpose of requiring a person conducting a meeting of a cooperative housing 4
corporation, condominium, or homeowners association by telephone conference, 5
video conference, or similar electronic means, to provide a participant a reasonable 6
opportunity to participate in the meeting; requiring certain participants in a meeting 7
of a cooperative housing corporation, condominium, or homeowners association to 8
have equal access to any available chat function; and generally relating to 9
cooperative housing corporations, condominiums, and homeowners associations. 10
BY repealing and reenacting, with amendments, 11
Article – Corporations and Associations 12
Section 5–6B–25.1 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Real Property 17
Section 11–139.3 and 11B–113.6 18
Annotated Code of Maryland 19
(2015 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22 2 HOUSE BILL 1147
Article – Corporations and Associations 1
5–6B–25.1. 2
(a) (1) Notwithstanding language contained in the governing documents of the 3
cooperative housing corporation, the board of directors may authorize any meetings of the 4
cooperative housing corporation, the board of directors, or a committee of the cooperative 5
housing corporation to be conducted or attended by telephone conference, video conference, 6
or similar electronic means. 7
(2) If a meeting is conducted by telephone conference, video conference, or 8
similar electronic means[, the]: 9
(I) THE equipment or system used must permit any member, board 10
member, or committee member in attendance to hear and be heard by all other members 11
participating in the meeting IN ACCORDANC E WITH THE GOVERNING DOCUMENTS ; 12
(II) THE PERSON CONDUCTING THE MEETING SHALL AL LOW 13
ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 14
1. BE HEARD BY ALL OTHER MEMBERS PARTICIPATIN G 15
IN THE MEETING ; AND 16
2. CALL FOR A VOTE ON , OR OBJECT TO , MATTERS 17
PRESENTED AT PARTICIPATE IN THE MEETING TO THE S AME EXTENT AS IF THE 18
MEETING WERE CONDUCT ED IN PERSON; AND 19
(III) THE PERSON CONDUCTING THE MEETING MAY MUTE A 20
PARTICIPANT IF THE P ARTICIPANT BECOMES D ISRUPTIVE AND IS PRO VIDED A 21
WARNING PROVIDED THAT ALL PARTICIPANTS ARE GRA NTED THE ABILITY TO 22
UNMUTE THEMSELVES , THE PERSON CONDUCTIN G THE MEETING OR THE IR 23
DESIGNEE MAY MUTE AL L PARTICIPANTS: 24
1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 25
CONDUCTING BUSINESS ; 26
2. DURING PRESENTATIONS ; AND 27
3. TO AVOID INTERFERENCE F ROM BACKGROUND 28
NOISE; AND 29
(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 30
CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 31
PERSON’S DESIGNEE MAY : 32 HOUSE BILL 1147 3
1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 1
UNMUTE; AND 2
2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 3
MEETING AFTER WARNIN G THE PARTICIPANT . 4
(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 5
ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND OTHER 6
MEMBERS PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY CHAT F UNCTION. 7
(4) A link or instructions on how to access the meeting by telephone 8
conference, video conference, or similar electronic means shall be included in the notice of 9
the meeting. 10
[(4)] (5) No specific authorization from members shall be required to hold 11
a meeting electronically. 12
(b) Any member, board member, or committee member attending a meeting by 13
telephone conference, video conference, or similar electronic means shall be deemed present 14
for quorum and voting purposes. 15
(c) (1) (i) Any matter requiring a vote of the cooperative housing 16
corporation may be set by the board of directors for a vote at the meeting, and a ballot may 17
be delivered to members with notice of the meeting. 18
(ii) Only those members present during the telephone conference, 19
video conference, or similar electronic meeting shall be authorized to vote a ballot in 20
accordance with this subsection. 21
(iii) Members who are not present at the meeting may: 22
1. Vote by proxy in accordance with the requirements of the 23
governing documents and this title; and 24
2. Be considered present for quorum purposes through their 25
proxy. 26
(2) (i) The board of directors may set a reasonable deadline for return 27
of a ballot to the cooperative housing corporation, including return by electronic 28
transmission. 29
(ii) The deadline for return of the ballot shall be not later than 24 30
hours after the conclusion of the meeting. 31
4 HOUSE BILL 1147
(d) Notwithstanding language contained in the governing documents of the 1
cooperative housing corporation, nominations from the floor at the meeting are not required 2
if at least one candidate has been nominated to fill each open board position. 3
(e) The inability of a member to join a meeting due to technical difficulties with 4
the member’s telephone, computer, or other electronic device does not invalidate the 5
meeting or any action taken at the meeting. 6
Article – Real Property 7
11–139.3. 8
(a) (1) Notwithstanding language contained in the governing documents of the 9
council of unit owners, the board of directors may authorize any meetings of the council of 10
unit owners, the board of directors, or a committee of the council of unit owners or the board 11
of directors to be conducted or attended by telephone conference, video conference, or 12
similar electronic means. 13
(2) If a meeting is conducted by telephone conference, video conference, or 14
similar electronic means[, the]: 15
(I) THE equipment or system used must permit any unit owner, 16
board member, or committee member in attendance to hear and be heard by all others 17
participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 18
(II) THE PERSON CONDUCTING THE MEETING SH ALL ALLOW 19
ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 20
1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 21
MEETING; AND 22
2. CALL FOR A VOTE ON , OR OBJECT TO , MATTERS 23
PRESENTED AT PARTICIPATE IN THE MEETING TO THE S AME EXTENT AS IF THE 24
MEETING WERE CON DUCTED IN PERSON ; AND 25
(III) THE PERSON CONDUCTING THE MEETING MAY MUTE A 26
PARTICIPANT IF THE P ARTICIPANT BECOMES D ISRUPTIVE AND IS PRO VIDED A 27
WARNING PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE ABILITY TO 28
UNMUTE THEMSELVES , THE PERSON CONDUCTIN G THE MEETING OR THE PERSO N’S 29
DESIGNEE MAY MUTE AL L PARTICIPANTS: 30
1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 31
CONDUCTING BUSINESS ; 32
2. DURING PRESENTATIONS ; AND 33 HOUSE BILL 1147 5
3. TO AVOID INTERFERENCE FROM BACKGROUND 1
NOISE; AND 2
(IV) IF A PARTICIPANT INTERFERES IN THE AB ILITY TO 3
CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 4
PERSON’S DESIGNEE MAY : 5
1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 6
UNMUTE; AND 7
2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 8
MEETING AFTER WARNIN G THE PARTICIPANT. 9
(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 10
ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND UNIT 11
OWNERS PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY CHAT F UNCTION. 12
(4) A link or instructions on how to access the meeting by telephone 13
conference, video conference, or similar electronic means shall be included in the notice of 14
the meeting. 15
[(4)] (5) No specific authorization from unit owners shall be required to 16
hold a meeting electronically. 17
(b) Any unit owner, board member, or committee member attending a meeting by 18
telephone conference, video conference, or similar electronic means shall be deemed present 19
for quorum and voting purposes. 20
(c) (1) (i) Any matter requiring a vote of the council of unit owners may be 21
set by the board of directors for a vote at the meeting, and a ballot may be delivered to unit 22
owners with notice of the meeting. 23
(ii) Only those unit owners present during the telephone conference, 24
video conference, or similar electronic meeting shall be authorized to vote by ballot in 25
accordance with this subsection. 26
(iii) Unit owners who are not present at the meeting may: 27
1. Vote by proxy in accordance with the requirements of the 28
governing documents and this title; and 29
2. Be considered present for quorum purposes through their 30
proxy. 31
6 HOUSE BILL 1147
(2) (i) The board of directors may set a reasonable deadline for return 1
of a ballot to the council of unit owners, including return by electronic transmission. 2
(ii) The deadline for return of the ballot shall be not later than 24 3
hours after the conclusion of the meeting. 4
(d) Notwithstanding language contained in the governing documents of the 5
council of unit owners, nominations from the floor at the meeting are not required if at least 6
one candidate has been nominated to fill each open board position. 7
(e) The inability of a unit owner to join a meeting due to technical difficulties with 8
the unit owner’s telephone, computer, or other electronic device does not invalidate the 9
meeting or any action taken at the meeting. 10
11B–113.6. 11
(a) (1) Notwithstanding language contained in the governing documents of the 12
homeowners association, the governing body may authorize meetings of the homeowners 13
association, the governing body, or a committee of the homeowners association to be 14
conducted or attended by telephone conference, video conference, or similar electronic 15
means. 16
(2) If a meeting is conducted by telephone conference, video conference, or 17
similar electronic means[, the]: 18
(I) THE equipment or system used must permit any lot owner, board 19
member, or committee member in attendance to hear and be heard by all others 20
participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 21
(II) THE PERSON CONDUCTING THE MEETING S HALL ALLOW 22
ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 23
1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 24
MEETING; AND 25
2. CALL FOR A VOTE ON , OR OBJECT TO , MATTERS 26
PRESENTED AT PARTICIPATE IN THE MEETING TO THE S AME EXTENT AS IF THE 27
MEETING WERE CONDUCT ED IN PERSON; AND 28
(III) THE PERSON CONDUCTING THE MEETING MAY MUTE A 29
PARTICIPANT IF THE P ARTICIPANT BECOMES D ISRUPTIVE AND IS PRO VIDED A 30
WARNING PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE ABILITY TO 31
UNMUTE THEMSELVES , THE PERSON CONDUCTIN G THE MEETING OR THE PERSON’S 32
DESIGNEE MAY MUTE AL L PARTICIPANTS: 33
HOUSE BILL 1147 7
1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 1
CONDUCTING BUSINESS ; 2
2. DURING PRESENTATIONS ; AND 3
3. TO AVOID INTERFERENCE FROM BACKGROUND 4
NOISE; AND 5
(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 6
CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 7
PERSON’S DESIGNEE MAY : 8
1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 9
UNMUTE; AND 10
2. IF NECESSARY, REMOVE THE PARTICIPANT FR OM THE 11
MEETING AFTER WARNIN G THE PARTICIPANT . 12
(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 13
ELECTRONIC MEANS , ALL BOARD MEMBERS , COMMITTEE MEMBERS , AND LOT 14
OWNERS PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY CHAT F UNCTION. 15
(4) A link or instructions on how to access the meeting by telephone 16
conference, video conference, or similar electronic means shall be included in the notice of 17
the meeting. 18
[(4)] (5) No specific authorization from lot owners shall be required to 19
hold a meeting electronically. 20
(b) Any lot owner, board member, or committee member attending a meeting by 21
telephone conference, video conference, or similar electronic means shall be deemed present 22
for quorum and voting purposes. 23
(c) (1) (i) Any matter requiring a vote of the homeowners association may 24
be set by the governing body for a vote at the meeting, and a ballot may be delivered to 25
members with notice of the meeting. 26
(ii) Only those lot owners present during the telephone conference, 27
video conference, or similar electronic meeting shall be authorized to vote a ballot in 28
accordance with this subsection. 29
(iii) Lot owners who are not present at the meeting may: 30
1. Vote by proxy in accordance with the requirements of the 31
governing documents and this title; and 32
8 HOUSE BILL 1147
2. Be considered present for quorum purposes through their 1
proxy. 2
(2) (i) The governing body may set a reasonable deadline for return of 3
a ballot to the homeowners association, including return by electronic transmission. 4
(ii) The deadline for return of the ballot shall be not later than 24 5
hours after the conclusion of the meeting. 6
(d) Notwithstanding language contained in the governing documents of the 7
homeowners association, nominations from the floor at the meeting are not required if at 8
least one candidate has been nominated to fill each open position in the governing body. 9
(e) The inability of a lot owner to join a meeting due to technical difficulties with 10
the lot owner’s telephone, computer, or other electronic device does not invalidate the 11
meeting or any action taken at the meeting. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2022. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.