Maryland 2023 Regular Session

Maryland House Bill HB331 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		hb0331
9	6
10	7		HOUSE BILL 331
11	8		N1 3lr1525
12	9		HB 1147/22 – ENT
13	10		By: Delegates Terrasa, Fair, and Hill
14	11		Introduced and read first time: January 25, 2023
15	12		Assigned to: Environment and Transportation
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 9, 2023
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; specifying that a meeting of a 9
33	27		cooperative housing corporation, condominium, or homeowners association by 10
34	28		electronic transmission is a closed meeting and may be held only under certain 11
35		-	circumstances may be held only in accordance with certain provisions of law; and 12
36		-	generally relating to cooperative housing corporations, condominiums, and 13
37		-	homeowners associations. 14
	29	+	circumstances; and generally relating to cooperative housing corporations, 12
	30	+	condominiums, and homeowners associations. 13
38	31
39		-	BY repealing and reenacting, without amendments, 15
40		-	Article – Corporations and Associations 16
41		-	Section 5–6B–19 17
42		-	Annotated Code of Maryland 18
43		-	(2014 Replacement Volume and 2022 Supplement) 19
	32	+	BY repealing and reenacting, without amendments, 14
	33	+	Article – Corporations and Associations 15
	34	+	Section 5–6B–19 16
	35	+	Annotated Code of Maryland 17
	36	+	(2014 Replacement Volume and 2022 Supplement) 18
44	37
45		-	BY repealing and reenacting, with amendments, 20
46		-	Article – Corporations and Associations 21
47		-	Section 5–6B–25.1 22
48		-	Annotated Code of Maryland 23 2 HOUSE BILL 331
	38	+	BY repealing and reenacting, with amendments, 19
	39	+	Article – Corporations and Associations 20
	40	+	Section 5–6B–25.1 21
	41	+	Annotated Code of Maryland 22
	42	+	(2014 Replacement Volume and 2022 Supplement) 23
	43	+
	44	+	BY repealing and reenacting, without amendments, 24
	45	+	Article – Real Property 25
	46	+	Section 11–109.1 and 11B–111 26
	47	+	Annotated Code of Maryland 27
	48	+	(2015 Replacement Volume and 2022 Supplement) 28 2 HOUSE BILL 331
49	49
50	50
51		-	(2014 Replacement Volume and 2022 Supplement) 1
52	51
53		-	BY repealing and reenacting, ~~without~~ amendments, 2
54		-	Article – Real Property 3
55		-	Section 11–~~109(c)(6), 11–109~~.1, and 11B–~~111 4~~
56		-	Annotated Code of Maryland 5
57		-	(2015 Replacement Volume and 2022 Supplement) 6
	52	+	BY repealing and reenacting, with amendments, 1
	53	+	Article – Real Property 2
	54	+	Section 11–139.3 and 11B–113.6 3
	55	+	Annotated Code of Maryland 4
	56	+	(2015 Replacement Volume and 2022 Supplement) 5
58	57
59		-	BY repealing and reenacting, with amendments, 7
60		-	Article – Real Property 8
61		-	Section 11–139.3 and 11B–113.6 9
62		-	Annotated Code of Maryland 10
63		-	(2015 Replacement Volume and 2022 Supplement) 11
	58	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
	59	+	That the Laws of Maryland read as follows: 7
64	60
65		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
66		-	That the Laws of Maryland read as follows: 13
	61	+	Article – Corporations and Associations 8
67	62
68		-	~~Article – Corporations and Associations 14~~
	63	+	5–6B–19. 9
69	64
70		-	5–6B–19. 15
	65	+	(a) This section applies to any meeting of a cooperative housing corporation, the 10
	66	+	governing body of a cooperative housing corporation, or a committee of a cooperative 11
	67	+	housing corporation, notwithstanding anything contained in the documents of the 12
	68	+	cooperative housing corporation. 13
71	69
72		-	(a) This section applies to any meeting of a cooperative housing corporation, the 16
73		-	governing body of a cooperative housing corporation, or a committee of a cooperative 17
74		-	housing corporation, notwithstanding anything contained in the documents of the 18
75		-	cooperative housing corporation. 19
	70	+	(b) Subject to the provisions of subsection (e) of this section, all meetings of the 14
	71	+	cooperative housing corporation shall be open to the members of the cooperative housing 15
	72	+	corporation or their agents. 16
76	73
77		-	(b) Subject to the provisions of subsection (e) of this section, all meetings of the 20
78		-	cooperative housing corporation shall be open to the members of the cooperative housing 21
79		-	corporation or their agents. 22
	74	+	(c) All members shall be given reasonable notice of all regularly scheduled open 17
	75	+	meetings of the cooperative housing corporation. 18
80	76
81		-	(c) All members shall be given reasonable notice of all regularly scheduled open 23
82		-	meetings of the cooperative housing corporation. 24
	77	+	(d) (1) This subsection does not apply to a meeting of a governing body that 19
	78	+	occurs at any time before the members, other than the developer, have a majority of votes 20
	79	+	in the cooperative housing corporation. 21
83	80
84		-	(d) (1) This subsection does not apply to a meeting of a governing body that 25
85		-	occurs at any time before the members, other than the developer, have a majority of votes 26
86		-	in the cooperative housing corporation. 27
	81	+	(2) Subject to paragraph (3) of this subsection and to reasonable rules 22
	82	+	adopted by a governing body, a governing body shall provide a designated period of time 23
	83	+	during a meeting to allow members an opportunity to comment on any matter relating to 24
	84	+	the cooperative housing corporation. 25
87	85
88		-	(2) Subject to paragraph (3) of this subsection and to reasonable rules 28
89		-	adopted by a governing body, a governing body shall provide a designated period of time 29
90		-	during a meeting to allow members an opportunity to comment on any matter relating to 30
91		-	the cooperative housing corporation. 31
	86	+	(3) During a meeting at which the agenda is limited to specific topics or at 26
	87	+	a special meeting, the comments of members may be limited to the topics listed on the 27
	88	+	meeting agenda. 28
92	89
93		-	(3) During a meeting at which the agenda is limited to specific topics or at 32
94		-	a special meeting, the comments of members may be limited to the topics listed on the 33
95		-	meeting agenda. 34
	90	+	(e) (1) A meeting of a cooperative housing corporation may be held in closed 29
	91	+	session only for the purpose of: 30
	92	+
	93	+	(i) Discussing matters pertaining to employees and personnel; 31
	94	+
	95	+	(ii) Protecting the privacy or reputation of individuals in matters not 32
	96	+	related to the business of the cooperative housing corporation; 33
96	97		HOUSE BILL 331 3
97	98
98	99
99		-	(e) (1) A meeting of a cooperative housing corporation may be held in closed 1
100		-	session only for the purpose of: 2
	100	+	(iii) Consulting with legal counsel on legal matters; 1
101	101
102		-	(i) Discussing matters pertaining to employees and personnel; 3
	102	+	(iv) Consulting with staff personnel, consultants, attorneys, board 2
	103	+	members, or other persons in connection with pending or potential litigation or other legal 3
	104	+	matters; 4
103	105
104		-	(ii) ~~Protecting the privacy~~ or ~~reputation of individuals in matters not 4~~
105		-	~~related to the business of the cooperative housing corporation~~; 5
	106	+	(v) Conducting investigative proceedings concerning possible or 5
	107	+	actual criminal misconduct; 6
106	108
107		-	(iii) Consulting with legal counsel on legal matters; 6
	109	+	(vi) Considering the terms or conditions of a business transaction in 7
	110	+	the negotiation stage if the disclosure could adversely affect the economic interests of the 8
	111	+	cooperative housing corporation; 9
108	112
109		-	(iv) ~~Consulting~~ with ~~staff personnel~~, ~~consultants~~, ~~attorneys, board 7~~
110		-	~~members,~~ or ~~other persons in connection with pending or potential litigation or other legal 8~~
111		-	~~matters; 9~~
	113	+	(vii) Complying with a specific constitutional, statutory, or judicially 10
	114	+	imposed requirement protecting particular proceedings or matters from public disclosure; 11
	115	+	or 12
112	116
113		-	(v) Conducting investigative proceedings concerning possible or 10
114		-	actual criminal misconduct; 11
	117	+	(viii) Discussing individual owner assessment accounts. 13
115	118
116		-	(vi) Considering the terms or conditions of a business transaction in 12
117		-	the negotiation stage if the disclosure could adversely affect the economic interests of the 13
118		-	cooperative housing corporation; 14
	119	+	(2) If a meeting is held in closed session under paragraph (1) of this 14
	120	+	subsection: 15
119	121
120		-	(vii) Complying with a specific constitutional, statutory, or judicially 15
121		-	imposed requirement protecting particular proceedings or matters from public disclosure; 16
122		-	or 17
	122	+	(i) An action may not be taken and a matter may not be discussed if 16
	123	+	it is not permitted by paragraph (1) of this subsection; and 17
123	124
124		-	(viii) Discussing individual owner assessment accounts. 18
	125	+	(ii) The minutes of the next meeting of the cooperative housing 18
	126	+	corporation shall include: 19
125	127
126		-	~~(2) If~~ a ~~meeting is held in~~ closed ~~session under paragraph (1) of this 19~~
127		-	~~subsection: 20~~
	128	+	1. A statement of the time, place, and purpose of a closed 20
	129	+	meeting; 21
128	130
129		-	~~(i) An action may not be taken and~~ a ~~matter may not be discussed if 21~~
130		-	~~it is not permitted by paragraph (1) of this subsection~~; and 22
	131	+	2. A record of the vote of each board or committee member by 22
	132	+	which the meeting was closed; and 23
131	133
132		-	~~(ii) The minutes~~ of the ~~next meeting of the cooperative housing 23~~
133		-	~~corporation shall include:~~ 24
	134	+	3. A statement of the authority under this subsection for 24
	135	+	closing the meeting. 25
134	136
135		-	1. A statement of the time, place, and purpose of a closed 25
136		-	meeting; 26
	137	+	5–6B–25.1. 26
137	138
138		-	2. A record of the vote of each board or committee member by 27
139		-	which the meeting was closed; and 28
	139	+	(a) (1) Notwithstanding language contained in the governing documents of the 27
	140	+	cooperative housing corporation, the board of directors may authorize any meetings of the 28
	141	+	cooperative housing corporation, the board of directors, or a committee of the cooperative 29
	142	+	housing corporation to be conducted or attended by telephone conference, video conference, 30
	143	+	or similar electronic means. 31
140	144
141		-	3. A statement of the authority under this subsection for 29
142		-	closing the meeting. 30
143		-
144		-	5–6B–25.1. 31
145		-	4 HOUSE BILL 331
	145	+	(2) If a meeting is conducted by telephone conference, video conference, or 32
	146	+	similar electronic means[, the]: 33 4 HOUSE BILL 331
146	147
147	148
148		-	(a) (1) Notwithstanding language contained in the governing documents of the 1
149		-	cooperative housing corporation, the board of directors may authorize any meetings of the 2
150		-	cooperative housing corporation, the board of directors, or a committee of the cooperative 3
151		-	housing corporation to be conducted or attended by telephone conference, video conference, 4
152		-	or similar electronic means. 5
153	149
154		-	(2) If a meeting is conducted by telephone conference, video conference, or 6
155		-	similar electronic means[, the]: 7
	150	+	(I) THE equipment or system used must permit any member, board 1
	151	+	member, or committee member in attendance to hear and be heard by all other members 2
	152	+	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 3
156	153
157		-	(I) THE equipment or system used must permit any member, board 8
158		-	member, or committee member in attendance to hear and be heard by all other members 9
159		-	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 10
	154	+	(II) THE PERSON CONDUCTING THE MEETING SHALL ALLOW 4
	155	+	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 5
160	156
161		-	~~(II) THE PERSON CONDUCTING THE MEETING SHALL AL LOW 11~~
162		-	~~ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 12~~
	157	+	1. BE HEARD BY ALL OTHER MEMBERS PARTICIPATIN G 6
	158	+	IN THE MEETING ; AND 7
163	159
164		-	1. ~~BE HEARD BY ALL OTHER MEMBERS PARTICIPATIN G 13~~
165		-	IN THE MEETING ; ~~AND 14~~
	160	+	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 8
	161	+	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 9
166	162
167		-	2. PARTICIPATE IN THE MEETING TO THE SAME EX TENT 15
168		-	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 16
	163	+	(III) PROVIDED THAT AL L PARTICIPANTS ARE G RANTED THE 10
	164	+	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 11
	165	+	THE PERSON’S DESIGNEE MAY MUTE AL L PARTICIPANTS: 12
169	166
170		-	(III) PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE 17
171		-	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 18
172		-	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 19
	167	+	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 13
	168	+	CONDUCTING BUSINESS ; 14
173	169
174		-	1. WHILE THE GOVERNING BODY O R ITS DESIGNEE IS 20
175		-	CONDUCTING BUSINESS ; 21
	170	+	2. DURING PRESENTATIONS ; AND 15
176	171
177		-	2. DURING PRESENTATIONS ; AND 22
	172	+	3. TO AVOID INTERFERENCE FROM BACKGROUND 16
	173	+	NOISE; AND 17
178	174
179		-	3. TO AVOID INTERFERENCE FROM BACKGROUND 23
180		-	NOISE; AND 24
	175	+	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 18
	176	+	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 19
	177	+	PERSON’S DESIGNEE MAY : 20
181	178
182		-	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 25
183		-	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 26
184		-	PERSON’S DESIGNEE MAY : 27
	179	+	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 21
	180	+	UNMUTE; AND 22
185	181
186		-	1. ~~REVOKE~~ THE ~~ABILITY FO R~~ THE ~~PARTICIPANT TO 28~~
187		-	~~UNMUTE; AND 29~~
	182	+	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 23
	183	+	MEETING AFTER WARNIN G THE PARTICIPANT . 24
188	184
189		-	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 30
190		-	MEETING AFTER WARNIN G THE PARTICIPANT . 31
	185	+	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 25
	186	+	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 26
	187	+	CHAT FUNCTION . 27
	188	+
	189	+	(4) A link or instructions on how to access the meeting by telephone 28
	190	+	conference, video conference, or similar electronic means shall be included in the notice of 29
	191	+	the meeting. 30
191	192		HOUSE BILL 331 5
192	193
193	194
194		-	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 1
195		-	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 2
196		-	CHAT FUNCTION . 3
	195	+	[(4)] (5) No specific authorization from members shall be required to hold 1
	196	+	a meeting electronically. 2
197	197
198		-	(4) A ~~link or instructions on how to access~~ the ~~meeting~~ by ~~telephone 4~~
199		-	~~conference, video conference,~~ ~~or similar electronic means shall~~ be ~~included~~ in ~~the notice of 5~~
200		-	~~the meeting~~. 6
	198	+	(6) A MEETING OF THE BOARD OF DIRECTORS HELD BY ELECTRONIC 3
	199	+	TRANSMISSION IS DEEMED TO BE A CLOSED MEETING AND MAY BE HELD ONLY IN 4
	200	+	ACCORDANCE WITH § 5–6B–19 OF THIS SUBTITLE. 5
201	201
202		-	[(4)] (5) No specific authorization from members shall be required to hold 7
203		-	a meeting electronically. 8
204		-
205		-	(6) A MEETING OF THE BOARD OF DIRECTORS GOVERNING BODY 9
206		-	HELD BY ELECTRONIC T RANSMISSION IS DEEMED TO BE A CL OSED MEETING AND 10
207		-	MAY BE HELD ONLY I N ACCORDANCE WITH § 5–6B–19 OF THIS SUBTITLE. 11
208		-
209		-	(b) Any member, board member, or committee member attending a meeting by 12
210		-	telephone conference, video conference, or similar electronic means shall be deemed present 13
211		-	for quorum and voting purposes. 14
212		-
213		-	(c) (1) (i) Any matter requiring a vote of the cooperative housing 15
214		-	corporation may be set by the board of directors for a vote at the meeting, and a ballot may 16
215		-	be delivered to members with notice of the meeting. 17
216		-
217		-	(ii) Only those members present during the telephone conference, 18
218		-	video conference, or similar electronic meeting shall be authorized to vote a ballot in 19
219		-	accordance with this subsection. 20
220		-
221		-	(iii) Members who are not present at the meeting may: 21
222		-
223		-	1. Vote by proxy in accordance with the requirements of the 22
224		-	governing documents and this title; and 23
225		-
226		-	2. Be considered present for quorum purposes through their 24
227		-	proxy. 25
228		-
229		-	(2) (i) The board of directors may set a reasonable deadline for return 26
230		-	of a ballot to the cooperative housing corporation, including return by electronic 27
231		-	transmission. 28
232		-
233		-	(ii) The deadline for return of the ballot shall be not later than 24 29
234		-	hours after the conclusion of the meeting. 30
235		-
236		-	(d) Notwithstanding language contained in the governing documents of the 31
237		-	cooperative housing corporation, nominations from the floor at the meeting are not required 32
238		-	if at least one candidate has been nominated to fill each open board position. 33
239		-	6 HOUSE BILL 331
240		-
241		-
242		-	(e) The inability of a member to join a meeting due to technical difficulties with 1
243		-	the member’s telephone, computer, or other electronic device does not invalidate the 2
244		-	meeting or any action taken at the meeting. 3
245		-
246		-	Article – Real Property 4
247		-
248		-	11–109. 5
249		-
250		-	(c) (6) Except as provided in § 11–109.1 of this title, a meeting of a governing 6
251		-	body shall be open and held at a time and location as provided in the notice or bylaws. 7
252		-
253		-	11–109.1. 8
254		-
255		-	(a) A meeting of the board of directors may be held in closed session only for the 9
256		-	following purposes: 10
257		-
258		-	(1) Discussion of matters pertaining to employees and personnel; 11
259		-
260		-	(2) Protection of the privacy or reputation of individuals in matters not 12
261		-	related to the council of unit owners’ business; 13
262		-
263		-	(3) Consultation with legal counsel on legal matters; 14
264		-
265		-	(4) Consultation with staff personnel, consultants, attorneys, board 15
266		-	members, or other persons in connection with pending or potential litigation or other legal 16
267		-	matters; 17
268		-
269		-	(5) Investigative proceedings concerning possible or actual criminal 18
270		-	misconduct; 19
271		-
272		-	(6) Consideration of the terms or conditions of a business transaction in the 20
273		-	negotiation stage if the disclosure could adversely affect the economic interests of the 21
274		-	council of unit owners; 22
275		-
276		-	(7) Complying with a specific constitutional, statutory, or judicially 23
277		-	imposed requirement protecting particular proceedings or matters from public disclosure; 24
278		-	or 25
279		-
280		-	(8) Discussion of individual owner assessment accounts. 26
281		-
282		-	(b) If a meeting is held in closed session under subsection (a) of this section: 27
283		-
284		-	(1) An action may not be taken and a matter may not be discussed if it is 28
285		-	not permitted by subsection (a) of this section; and 29
286		-
287		-	(2) A statement of the time, place, and purpose of any closed meeting, the 30
288		-	record of the vote of each board member by which any meeting was closed, and the authority 31 HOUSE BILL 331 7
289		-
290		-
291		-	under this section for closing any meeting shall be included in the minutes of the next 1
292		-	meeting of the board of directors. 2
293		-
294		-	(c) Nothing in this section may be interpreted to authorize the board of directors 3
295		-	to withhold or agree to withhold from the unit owners the terms of any legal agreement to 4
296		-	which the council of unit owners is a party. 5
297		-
298		-	11–139.3. 6
299		-
300		-	(a) (1) Notwithstanding language contained in the governing documents of the 7
301		-	council of unit owners, the board of directors may authorize any meetings of the council of 8
302		-	unit owners, the board of directors, or a committee of the council of unit owners or the board 9
303		-	of directors to be conducted or attended by telephone conference, video conference, or 10
304		-	similar electronic means. 11
305		-
306		-	(2) If a meeting is conducted by telephone conference, video conference, or 12
307		-	similar electronic means[, the]: 13
308		-
309		-	(I) THE equipment or system used must permit any unit owner, 14
310		-	board member, or committee member in attendance to hear and be heard by all others 15
311		-	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 16
312		-
313		-	(II) THE PERSON CONDUCTING TH E MEETING SHALL ALLO W 17
314		-	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 18
315		-
316		-	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 19
317		-	MEETING; AND 20
318		-
319		-	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 21
320		-	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 22
321		-
322		-	(III) PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE 23
323		-	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 24
324		-	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 25
325		-
326		-	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 26
327		-	CONDUCTING BUSINESS ; 27
328		-
329		-	2. DURING PRESENTATIONS ; AND 28
330		-
331		-	3. TO AVOID INTERFERENCE FROM BACKGROUND 29
332		-	NOISE; AND 30
333		-	8 HOUSE BILL 331
334		-
335		-
336		-	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 1
337		-	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 2
338		-	PERSON’S DESIGNEE MAY : 3
339		-
340		-	1. REVOKE THE ABILITY FO R THE PAR TICIPANT TO 4
341		-	UNMUTE; AND 5
342		-
343		-	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 6
344		-	MEETING AFTER WARNIN G THE PARTICIPANT . 7
345		-
346		-	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 8
347		-	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 9
348		-	CHAT FUNCTION. 10
349		-
350		-	(4) A link or instructions on how to access the meeting by telephone 11
351		-	conference, video conference, or similar electronic means shall be included in the notice of 12
352		-	the meeting. 13
353		-
354		-	[(4)] (5) No specific authorization from unit owners shall be required to 14
355		-	hold a meeting electronically. 15
356		-
357		-	(6) A MEETING OF THE BOARD OF DIRECTORS GOVERNING BODY 16
358		-	HELD BY ELECTRONIC T RANSMISSION IS DEEMED TO BE A CL OSED MEETING AND 17
359		-	MAY BE HELD ONLY IN ACCORDANCE WITH § 11–109.1 § 11–109 OF THIS TITLE. 18
360		-
361		-	(b) Any unit owner, board member, or committee member attending a meeting by 19
362		-	telephone conference, video conference, or similar electronic means shall be deemed present 20
363		-	for quorum and voting purposes. 21
364		-
365		-	(c) (1) (i) Any matter requiring a vote of the council of unit owners may be 22
366		-	set by the board of directors for a vote at the meeting, and a ballot may be delivered to unit 23
367		-	owners with notice of the meeting. 24
368		-
369		-	(ii) Only those unit owners present during the telephone conference, 25
370		-	video conference, or similar electronic meeting shall be authorized to vote by ballot in 26
371		-	accordance with this subsection. 27
372		-
373		-	(iii) Unit owners who are not present at the meeting may: 28
374		-
375		-	1. Vote by proxy in accordance with the requirements of the 29
376		-	governing documents and this title; and 30
377		-
378		-	2. Be considered present for quorum purposes through their 31
379		-	proxy. 32
380		-	HOUSE BILL 331 9
381		-
382		-
383		-	(2) (i) The board of directors may set a reasonable deadline for return 1
384		-	of a ballot to the council of unit owners, including return by electronic transmission. 2
385		-
386		-	(ii) The deadline for return of the ballot shall be not later than 24 3
387		-	hours after the conclusion of the meeting. 4
388		-
389		-	(d) Notwithstanding language contained in the governing documents of the 5
390		-	council of unit owners, nominations from the floor at the meeting are not required if at least 6
391		-	one candidate has been nominated to fill each open board position. 7
392		-
393		-	(e) The inability of a unit owner to join a meeting due to technical difficulties with 8
394		-	the unit owner’s telephone, computer, or other electronic device does not invalidate the 9
395		-	meeting or any action taken at the meeting. 10
396		-
397		-	11B–111. 11
398		-
399		-	Except as provided in this title, and notwithstanding anything contained in any of 12
400		-	the documents of the homeowners association: 13
401		-
402		-	(1) Subject to the provisions of item (4) of this section, all meetings of the 14
403		-	homeowners association, including meetings of the board of directors or other governing 15
404		-	body of the homeowners association or a committee of the homeowners association, shall 16
405		-	be open to all members of the homeowners association or their agents; 17
406		-
407		-	(2) All members of the homeowners association shall be given reasonable 18
408		-	notice of all regularly scheduled open meetings of the homeowners association; 19
409		-
410		-	(3) (i) This item does not apply to any meeting of a governing body that 20
411		-	occurs at any time before the lot owners, other than the developer, have a majority of votes 21
412		-	in the homeowners association, as provided in the declaration; 22
413		-
414		-	(ii) Subject to item (iii) of this item and to reasonable rules adopted 23
415		-	by a governing body, a governing body shall provide a designated period of time during a 24
416		-	meeting to allow lot owners an opportunity to comment on any matter relating to the 25
417		-	homeowners association; 26
418		-
419		-	(iii) During a meeting at which the agenda is limited to specific topics 27
420		-	or at a special meeting, the lot owners’ comments may be limited to the topics listed on the 28
421		-	meeting agenda; and 29
422		-
423		-	(iv) The governing body shall convene at least one meeting each year 30
424		-	at which the agenda is open to any matter relating to the homeowners association; 31
425		-
426		-	(4) A meeting of the board of directors or other governing body of the 32
427		-	homeowners association or a committee of the homeowners association may be held in 33
428		-	closed session only for the following purposes: 34
429		-	10 HOUSE BILL 331
430		-
431		-
432		-	(i) Discussion of matters pertaining to employees and personnel; 1
433		-
434		-	(ii) Protection of the privacy or reputation of individuals in matters 2
435		-	not related to the homeowners association’s business; 3
436		-
437		-	(iii) Consultation with legal counsel on legal matters; 4
438		-
439		-	(iv) Consultation with staff personnel, consultants, attorneys, board 5
440		-	members, or other persons in connection with pending or potential litigation or other legal 6
441		-	matters; 7
442		-
443		-	(v) Investigative proceedings concerning possible or actual criminal 8
444		-	misconduct; 9
445		-
446		-	(vi) Consideration of the terms or conditions of a business 10
447		-	transaction in the negotiation stage if the disclosure could adversely affect the economic 11
448		-	interests of the homeowners association; 12
449		-
450		-	(vii) Compliance with a specific constitutional, statutory, or judicially 13
451		-	imposed requirement protecting particular proceedings or matters from public disclosure; 14
452		-	or 15
453		-
454		-	(viii) Discussion of individual owner assessment accounts; 16
455		-
456		-	(5) If a meeting is held in closed session under item (4) of this section: 17
457		-
458		-	(i) An action may not be taken and a matter may not be discussed if 18
459		-	it is not permitted by item (4) of this section; and 19
460		-
461		-	(ii) A statement of the time, place, and purpose of a closed meeting, 20
462		-	the record of the vote of each board or committee member by which the meeting was closed, 21
463		-	and the authority under this section for closing a meeting shall be included in the minutes 22
464		-	of the next meeting of the board of directors or the committee of the homeowners 23
465		-	association; and 24
466		-
467		-	(6) (i) If the number of lot owners present in person or by proxy at a 25
468		-	properly called meeting is insufficient to constitute a quorum, an additional meeting of the 26
469		-	lot owners may be called for the same purpose if: 27
470		-
471		-	1. The notice of the initial properly called meeting stated: 28
472		-
473		-	A. That the procedure authorized by this item (6) might be 29
474		-	invoked; and 30
475		-
476		-	B. The date, time, and place of the additional meeting; and 31
477		-	HOUSE BILL 331 11
478		-
479		-
480		-	2. A majority of the lot owners present vote in person or by 1
481		-	proxy to call for the additional meeting; 2
482		-
483		-	(ii) An additional meeting called under item (i) of this item shall 3
484		-	occur not less than 15 days after the initial properly called meeting; 4
485		-
486		-	(iii) 1. Not less than 10 days before the additional meeting, a 5
487		-	separate and distinct notice of the date, time, place, and purpose of the additional meeting 6
488		-	called under item (i) of this item shall be: 7
489		-
490		-	A. Delivered, mailed, or sent by electronic transmission, if 8
491		-	the requirements of § 11B–113.1 of this title are met, to each lot owner at the address shown 9
492		-	on the roster maintained by the homeowners association; 10
493		-
494		-	B. Advertised in a newspaper published in the county where 11
495		-	the homeowners association is located; or 12
496		-
497		-	C. If the homeowners association has a website, posted on the 13
498		-	homepage of the website; and 14
499		-
500		-	2. The notice shall contain the quorum and voting provisions 15
501		-	of item (iv) of this item; 16
502		-
503		-	(iv) 1. At the additional meeting, the lot owners present in 17
504		-	person or by proxy constitute a quorum; and 18
505		-
506		-	2. Unless the bylaws provide otherwise, a majority of the lot 19
507		-	owners present in person or by proxy: 20
508		-
509		-	A. May approve or authorize the proposed action at the 21
510		-	additional meeting; and 22
511		-
512		-	B. May take any other action that could have been taken at 23
513		-	the original meeting if a sufficient number of lot owners had been present; and 24
514		-
515		-	(v) This item (6) may not be construed to affect the percentage of 25
516		-	votes required to amend the declaration or bylaws or to take any other action required to 26
517		-	be taken by a specified percentage of votes. 27
518		-
519		-	11B–113.6. 28
520		-
521		-	(a) (1) Notwithstanding language contained in the governing documents of the 29
522		-	homeowners association, the governing body may authorize meetings of the homeowners 30
523		-	association, the governing body, or a committee of the homeowners association to be 31
524		-	conducted or attended by telephone conference, video conference, or similar electronic 32
525		-	means. 33
526		-	12 HOUSE BILL 331
527		-
528		-
529		-	(2) If a meeting is conducted by telephone conference, video conference, or 1
530		-	similar electronic means[, the]: 2
531		-
532		-	(I) THE equipment or system used must permit any lot owner, board 3
533		-	member, or committee member in attendance to hear and be heard by all others 4
534		-	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 5
535		-
536		-	(II) THE PERSON CONDUCTING THE MEETING SHA LL ALLOW 6
537		-	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 7
538		-
539		-	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 8
540		-	MEETING; AND 9
541		-
542		-	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 10
543		-	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 11
544		-
545		-	(III) PROVIDED THAT ALL PAR TICIPANTS ARE GRANTED THE 12
546		-	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 13
547		-	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 14
548		-
549		-	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 15
550		-	CONDUCTING BUSINESS ; 16
551		-
552		-	2. DURING PRESENTATIONS ; AND 17
553		-
554		-	3. TO AVOID INTERFERENCE F ROM BACKGROUND 18
555		-	NOISE; AND 19
556		-
557		-	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 20
558		-	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 21
559		-	PERSON’S DESIGNEE MAY : 22
560		-
561		-	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 23
562		-	UNMUTE; AND 24
563		-
564		-	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 25
565		-	MEETING AFTER WARNIN G THE PARTICIPANT . 26
566		-
567		-	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 27
568		-	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 28
569		-	CHAT FUNCTION . 29
570		-
571		-	(4) A link or instructions on how to access the meeting by telephone 30
572		-	conference, video conference, or similar electronic means shall be included in the notice of 31
573		-	the meeting. 32 HOUSE BILL 331 13
574		-
575		-
576		-
577		-	[(4)] (5) No specific authorization from lot owners shall be required to 1
578		-	hold a meeting electronically. 2
579		-
580		-	(6) A MEETING OF THE BOARD OF DIRECTORS GOVERNING BODY 3
581		-	HELD BY ELECTRONIC T RANSMISSION IS DEEMED TO BE A CL OSED MEETING AND 4
582		-	MAY BE HELD ONLY IN ACCORDANCE WITH § 11B–111 OF THIS TITLE. 5
583		-
584		-	(b) Any lot owner, board member, or committee member attending a meeting by 6
	202	+	(b) Any member, board member, or committee member attending a meeting by 6
585	203		telephone conference, video conference, or similar electronic means shall be deemed present 7
586	204		for quorum and voting purposes. 8
587	205
588		-	(c) (1) (i) Any matter requiring a vote of the ~~homeowners association may~~ 9
589		-	be set by the ~~governing body~~ for a vote at the meeting, and a ballot may ~~be delivered to~~ 10
590		-	members with notice of the meeting. 11
	206	+	(c) (1) (i) Any matter requiring a vote of the cooperative housing 9
	207	+	corporation may be set by the board of directors for a vote at the meeting, and a ballot may 10
	208	+	be delivered to members with notice of the meeting. 11
591	209
592		-	(ii) Only those ~~lot owners~~ present during the telephone conference, 12
	210	+	(ii) Only those members present during the telephone conference, 12
593	211		video conference, or similar electronic meeting shall be authorized to vote a ballot in 13
594	212		accordance with this subsection. 14
595	213
596		-	(iii) ~~Lot owners~~ who are not present at the meeting may: 15
	214	+	(iii) Members who are not present at the meeting may: 15
597	215
598	216		1. Vote by proxy in accordance with the requirements of the 16
599	217		governing documents and this title; and 17
600	218
601	219		2. Be considered present for quorum purposes through their 18
602	220		proxy. 19
603	221
604		-	(2) (i) The governing body may set a reasonable deadline for return of 20
605		-	a ballot to the homeowners association, including return by electronic transmission. 21
	222	+	(2) (i) The board of directors may set a reasonable deadline for return 20
	223	+	of a ballot to the cooperative housing corporation, including return by electronic 21
	224	+	transmission. 22
606	225
607		-	(ii) The deadline for return of the ballot shall be not later than 24 22
608		-	hours after the conclusion of the meeting. 23
	226	+	(ii) The deadline for return of the ballot shall be not later than 24 23
	227	+	hours after the conclusion of the meeting. 24
609	228
610		-	(d) Notwithstanding language contained in the governing documents of the 24
611		-	~~homeowners association~~, nominations from the floor at the meeting are not required ~~if at 25~~
612		-	least one candidate has been nominated to fill each open position ~~in the governing body~~. 26
	229	+	(d) Notwithstanding language contained in the governing documents of the 25
	230	+	cooperative housing corporation, nominations from the floor at the meeting are not required 26
	231	+	if at least one candidate has been nominated to fill each open board position. 27
613	232
614		-	(e) The inability of a ~~lot owner~~ to join a meeting due to technical difficulties with 27
615		-	the ~~lot owner~~’s telephone, computer, or other electronic device does not invalidate the 28
616		-	meeting or any action taken at the meeting. 29
	233	+	(e) The inability of a member to join a meeting due to technical difficulties with 28
	234	+	the member’s telephone, computer, or other electronic device does not invalidate the 29
	235	+	meeting or any action taken at the meeting. 30
617	236
618		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
619		-	October 1, 2023. 31
	237	+	Article – Real Property 31
	238	+
	239	+	11–109.1. 32
	240	+	6 HOUSE BILL 331
	241	+
	242	+
	243	+	(a) A meeting of the board of directors may be held in closed session only for the 1
	244	+	following purposes: 2
	245	+
	246	+	(1) Discussion of matters pertaining to employees and personnel; 3
	247	+
	248	+	(2) Protection of the privacy or reputation of individuals in matters not 4
	249	+	related to the council of unit owners’ business; 5
	250	+
	251	+	(3) Consultation with legal counsel on legal matters; 6
	252	+
	253	+	(4) Consultation with staff personnel, consultants, attorneys, board 7
	254	+	members, or other persons in connection with pending or potential litigation or other legal 8
	255	+	matters; 9
	256	+
	257	+	(5) Investigative proceedings concerning possible or actual criminal 10
	258	+	misconduct; 11
	259	+
	260	+	(6) Consideration of the terms or conditions of a business transaction in the 12
	261	+	negotiation stage if the disclosure could adversely affect the economic interests of the 13
	262	+	council of unit owners; 14
	263	+
	264	+	(7) Complying with a specific constitutional, statutory, or judicially 15
	265	+	imposed requirement protecting particular proceedings or matters from public disclosure; 16
	266	+	or 17
	267	+
	268	+	(8) Discussion of individual owner assessment accounts. 18
	269	+
	270	+	(b) If a meeting is held in closed session under subsection (a) of this section: 19
	271	+
	272	+	(1) An action may not be taken and a matter may not be discussed if it is 20
	273	+	not permitted by subsection (a) of this section; and 21
	274	+
	275	+	(2) A statement of the time, place, and purpose of any closed meeting, the 22
	276	+	record of the vote of each board member by which any meeting was closed, and the authority 23
	277	+	under this section for closing any meeting shall be included in the minutes of the next 24
	278	+	meeting of the board of directors. 25
	279	+
	280	+	(c) Nothing in this section may be interpreted to authorize the board of directors 26
	281	+	to withhold or agree to withhold from the unit owners the terms of any legal agreement to 27
	282	+	which the council of unit owners is a party. 28
	283	+
	284	+	11–139.3. 29
	285	+
	286	+	(a) (1) Notwithstanding language contained in the governing documents of the 30
	287	+	council of unit owners, the board of directors may authorize any meetings of the council of 31
	288	+	unit owners, the board of directors, or a committee of the council of unit owners or the board 32 HOUSE BILL 331 7
	289	+
	290	+
	291	+	of directors to be conducted or attended by telephone conference, video conference, or 1
	292	+	similar electronic means. 2
	293	+
	294	+	(2) If a meeting is conducted by telephone conference, video conference, or 3
	295	+	similar electronic means[, the]: 4
	296	+
	297	+	(I) THE equipment or system used must permit any unit owner, 5
	298	+	board member, or committee member in attendance to hear and be heard by all others 6
	299	+	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 7
	300	+
	301	+	(II) THE PERSON CONDUCTING THE MEETING SHALL AL LOW 8
	302	+	ALL PARTICIPANTS A REA SONABLE OPPORTUNITY TO: 9
	303	+
	304	+	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 10
	305	+	MEETING; AND 11
	306	+
	307	+	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 12
	308	+	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 13
	309	+
	310	+	(III) PROVIDED THAT ALL PAR TICIPANTS ARE GRANTED THE 14
	311	+	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 15
	312	+	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 16
	313	+
	314	+	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 17
	315	+	CONDUCTING BUSINESS ; 18
	316	+
	317	+	2. DURING PRESENTATIONS ; AND 19
	318	+
	319	+	3. TO AVOID INT ERFERENCE FROM BACKG ROUND 20
	320	+	NOISE; AND 21
	321	+
	322	+	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 22
	323	+	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 23
	324	+	PERSON’S DESIGNEE MAY : 24
	325	+
	326	+	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 25
	327	+	UNMUTE; AND 26
	328	+
	329	+	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 27
	330	+	MEETING AFTER WARNIN G THE PARTICIPANT . 28
	331	+
	332	+	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 29
	333	+	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 30
	334	+	CHAT FUNCTION . 31
	335	+	8 HOUSE BILL 331
	336	+
	337	+
	338	+	(4) A link or instructions on how to access the meeting by telephone 1
	339	+	conference, video conference, or similar electronic means shall be included in the notice of 2
	340	+	the meeting. 3
	341	+
	342	+	[(4)] (5) No specific authorization from unit owners shall be required to 4
	343	+	hold a meeting electronically. 5
	344	+
	345	+	(6) A MEETING OF THE BOARD OF DIRECTORS HELD BY ELECTRONIC 6
	346	+	TRANSMISSION IS DEEMED TO BE A CLOSED MEETING AND MAY BE HELD ONLY IN 7
	347	+	ACCORDANCE WITH § 11–109.1 OF THIS TITLE. 8
	348	+
	349	+	(b) Any unit owner, board member, or committee member attending a meeting by 9
	350	+	telephone conference, video conference, or similar electronic means shall be deemed present 10
	351	+	for quorum and voting purposes. 11
	352	+
	353	+	(c) (1) (i) Any matter requiring a vote of the council of unit owners may be 12
	354	+	set by the board of directors for a vote at the meeting, and a ballot may be delivered to unit 13
	355	+	owners with notice of the meeting. 14
	356	+
	357	+	(ii) Only those unit owners present during the telephone conference, 15
	358	+	video conference, or similar electronic meeting shall be authorized to vote by ballot in 16
	359	+	accordance with this subsection. 17
	360	+
	361	+	(iii) Unit owners who are not present at the meeting may: 18
	362	+
	363	+	1. Vote by proxy in accordance with the requirements of the 19
	364	+	governing documents and this title; and 20
	365	+
	366	+	2. Be considered present for quorum purposes through their 21
	367	+	proxy. 22
	368	+
	369	+	(2) (i) The board of directors may set a reasonable deadline for return 23
	370	+	of a ballot to the council of unit owners, including return by electronic transmission. 24
	371	+
	372	+	(ii) The deadline for return of the ballot shall be not later than 24 25
	373	+	hours after the conclusion of the meeting. 26
	374	+
	375	+	(d) Notwithstanding language contained in the governing documents of the 27
	376	+	council of unit owners, nominations from the floor at the meeting are not required if at least 28
	377	+	one candidate has been nominated to fill each open board position. 29
	378	+
	379	+	(e) The inability of a unit owner to join a meeting due to technical difficulties with 30
	380	+	the unit owner’s telephone, computer, or other electronic device does not invalidate the 31
	381	+	meeting or any action taken at the meeting. 32
	382	+
	383	+	11B–111. 33
	384	+	HOUSE BILL 331 9
	385	+
	386	+
	387	+	Except as provided in this title, and notwithstanding anything contained in any of 1
	388	+	the documents of the homeowners association: 2
	389	+
	390	+	(1) Subject to the provisions of item (4) of this section, all meetings of the 3
	391	+	homeowners association, including meetings of the board of directors or other governing 4
	392	+	body of the homeowners association or a committee of the homeowners association, shall 5
	393	+	be open to all members of the homeowners association or their agents; 6
	394	+
	395	+	(2) All members of the homeowners association shall be given reasonable 7
	396	+	notice of all regularly scheduled open meetings of the homeowners association; 8
	397	+
	398	+	(3) (i) This item does not apply to any meeting of a governing body that 9
	399	+	occurs at any time before the lot owners, other than the developer, have a majority of votes 10
	400	+	in the homeowners association, as provided in the declaration; 11
	401	+
	402	+	(ii) Subject to item (iii) of this item and to reasonable rules adopted 12
	403	+	by a governing body, a governing body shall provide a designated period of time during a 13
	404	+	meeting to allow lot owners an opportunity to comment on any matter relating to the 14
	405	+	homeowners association; 15
	406	+
	407	+	(iii) During a meeting at which the agenda is limited to specific topics 16
	408	+	or at a special meeting, the lot owners’ comments may be limited to the topics listed on the 17
	409	+	meeting agenda; and 18
	410	+
	411	+	(iv) The governing body shall convene at least one meeting each year 19
	412	+	at which the agenda is open to any matter relating to the homeowners association; 20
	413	+
	414	+	(4) A meeting of the board of directors or other governing body of the 21
	415	+	homeowners association or a committee of the homeowners association may be held in 22
	416	+	closed session only for the following purposes: 23
	417	+
	418	+	(i) Discussion of matters pertaining to employees and personnel; 24
	419	+
	420	+	(ii) Protection of the privacy or reputation of individuals in matters 25
	421	+	not related to the homeowners association’s business; 26
	422	+
	423	+	(iii) Consultation with legal counsel on legal matters; 27
	424	+
	425	+	(iv) Consultation with staff personnel, consultants, attorneys, board 28
	426	+	members, or other persons in connection with pending or potential litigation or other legal 29
	427	+	matters; 30
	428	+
	429	+	(v) Investigative proceedings concerning possible or actual criminal 31
	430	+	misconduct; 32
	431	+	10 HOUSE BILL 331
	432	+
	433	+
	434	+	(vi) Consideration of the terms or conditions of a business 1
	435	+	transaction in the negotiation stage if the disclosure could adversely affect the economic 2
	436	+	interests of the homeowners association; 3
	437	+
	438	+	(vii) Compliance with a specific constitutional, statutory, or judicially 4
	439	+	imposed requirement protecting particular proceedings or matters from public disclosure; 5
	440	+	or 6
	441	+
	442	+	(viii) Discussion of individual owner assessment accounts; 7
	443	+
	444	+	(5) If a meeting is held in closed session under item (4) of this section: 8
	445	+
	446	+	(i) An action may not be taken and a matter may not be discussed if 9
	447	+	it is not permitted by item (4) of this section; and 10
	448	+
	449	+	(ii) A statement of the time, place, and purpose of a closed meeting, 11
	450	+	the record of the vote of each board or committee member by which the meeting was closed, 12
	451	+	and the authority under this section for closing a meeting shall be included in the minutes 13
	452	+	of the next meeting of the board of directors or the committee of the homeowners 14
	453	+	association; and 15
	454	+
	455	+	(6) (i) If the number of lot owners present in person or by proxy at a 16
	456	+	properly called meeting is insufficient to constitute a quorum, an additional meeting of the 17
	457	+	lot owners may be called for the same purpose if: 18
	458	+
	459	+	1. The notice of the initial properly called meeting stated: 19
	460	+
	461	+	A. That the procedure authorized by this item (6) might be 20
	462	+	invoked; and 21
	463	+
	464	+	B. The date, time, and place of the additional meeting; and 22
	465	+
	466	+	2. A majority of the lot owners present vote in person or by 23
	467	+	proxy to call for the additional meeting; 24
	468	+
	469	+	(ii) An additional meeting called under item (i) of this item shall 25
	470	+	occur not less than 15 days after the initial properly called meeting; 26
	471	+
	472	+	(iii) 1. Not less than 10 days before the additional meeting, a 27
	473	+	separate and distinct notice of the date, time, place, and purpose of the additional meeting 28
	474	+	called under item (i) of this item shall be: 29
	475	+
	476	+	A. Delivered, mailed, or sent by electronic transmission, if 30
	477	+	the requirements of § 11B–113.1 of this title are met, to each lot owner at the address shown 31
	478	+	on the roster maintained by the homeowners association; 32
	479	+	HOUSE BILL 331 11
	480	+
	481	+
	482	+	B. Advertised in a newspaper published in the county where 1
	483	+	the homeowners association is located; or 2
	484	+
	485	+	C. If the homeowners association has a website, posted on the 3
	486	+	homepage of the website; and 4
	487	+
	488	+	2. The notice shall contain the quorum and voting provisions 5
	489	+	of item (iv) of this item; 6
	490	+
	491	+	(iv) 1. At the additional meeting, the lot owners present in 7
	492	+	person or by proxy constitute a quorum; and 8
	493	+
	494	+	2. Unless the bylaws provide otherwise, a majority of the lot 9
	495	+	owners present in person or by proxy: 10
	496	+
	497	+	A. May approve or authorize the proposed action at the 11
	498	+	additional meeting; and 12
	499	+
	500	+	B. May take any other action that could have been taken at 13
	501	+	the original meeting if a sufficient number of lot owners had been present; and 14
	502	+
	503	+	(v) This item (6) may not be construed to affect the percentage of 15
	504	+	votes required to amend the declaration or bylaws or to take any other action required to 16
	505	+	be taken by a specified percentage of votes. 17
	506	+
	507	+	11B–113.6. 18
	508	+
	509	+	(a) (1) Notwithstanding language contained in the governing documents of the 19
	510	+	homeowners association, the governing body may authorize meetings of the homeowners 20
	511	+	association, the governing body, or a committee of the homeowners association to be 21
	512	+	conducted or attended by telephone conference, video conference, or similar electronic 22
	513	+	means. 23
	514	+
	515	+	(2) If a meeting is conducted by telephone conference, video conference, or 24
	516	+	similar electronic means[, the]: 25
	517	+
	518	+	(I) THE equipment or system used must permit any lot owner, board 26
	519	+	member, or committee member in attendance to hear and be heard by all others 27
	520	+	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 28
	521	+
	522	+	(II) THE PERSON CONDUCTING THE MEETING SHALL AL LOW 29
	523	+	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 30
	524	+
	525	+	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 31
	526	+	MEETING; AND 32
	527	+	12 HOUSE BILL 331
	528	+
	529	+
	530	+	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 1
	531	+	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 2
	532	+
	533	+	(III) PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE 3
	534	+	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 4
	535	+	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 5
	536	+
	537	+	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 6
	538	+	CONDUCTING BUSINESS ; 7
	539	+
	540	+	2. DURING PRESENTATIONS ; AND 8
	541	+
	542	+	3. TO AVOID INTERFERENCE FROM BACKGROUND 9
	543	+	NOISE; AND 10
	544	+
	545	+	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 11
	546	+	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 12
	547	+	PERSON’S DESIGNEE MAY : 13
	548	+
	549	+	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 14
	550	+	UNMUTE; AND 15
	551	+
	552	+	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 16
	553	+	MEETING AFTER WARNIN G THE PARTICIPANT . 17
	554	+
	555	+	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 18
	556	+	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 19
	557	+	CHAT FUNCTION . 20
	558	+
	559	+	(4) A link or instructions on how to access the meeting by telephone 21
	560	+	conference, video conference, or similar electronic means shall be included in the notice of 22
	561	+	the meeting. 23
	562	+
	563	+	[(4)] (5) No specific authorization from lot owners shall be required to 24
	564	+	hold a meeting electronically. 25
	565	+
	566	+	(6) A MEETING OF THE BOARD OF DIRECTORS HELD BY ELECTRONIC 26
	567	+	TRANSMISSION IS DEEMED TO BE A CLOSED MEETING AND MAY BE HELD ONLY IN 27
	568	+	ACCORDANCE WITH § 11B–111 OF THIS TITLE. 28
	569	+
	570	+	(b) Any lot owner, board member, or committee member attending a meeting by 29
	571	+	telephone conference, video conference, or similar electronic means shall be deemed present 30
	572	+	for quorum and voting purposes. 31
	573	+	HOUSE BILL 331 13
	574	+
	575	+
	576	+	(c) (1) (i) Any matter requiring a vote of the homeowners association may 1
	577	+	be set by the governing body for a vote at the meeting, and a ballot may be delivered to 2
	578	+	members with notice of the meeting. 3
	579	+
	580	+	(ii) Only those lot owners present during the telephone conference, 4
	581	+	video conference, or similar electronic meeting shall be authorized to vote a ballot in 5
	582	+	accordance with this subsection. 6
	583	+
	584	+	(iii) Lot owners who are not present at the meeting may: 7
	585	+
	586	+	1. Vote by proxy in accordance with the requirements of the 8
	587	+	governing documents and this title; and 9
	588	+
	589	+	2. Be considered present for quorum purposes through their 10
	590	+	proxy. 11
	591	+
	592	+	(2) (i) The governing body may set a reasonable deadline for return of 12
	593	+	a ballot to the homeowners association, including return by electronic transmission. 13
	594	+
	595	+	(ii) The deadline for return of the ballot shall be not later than 24 14
	596	+	hours after the conclusion of the meeting. 15
	597	+
	598	+	(d) Notwithstanding language contained in the governing documents of the 16
	599	+	homeowners association, nominations from the floor at the meeting are not required if at 17
	600	+	least one candidate has been nominated to fill each open position in the governing body. 18
	601	+
	602	+	(e) The inability of a lot owner to join a meeting due to technical difficulties with 19
	603	+	the lot owner’s telephone, computer, or other electronic device does not invalidate the 20
	604	+	meeting or any action taken at the meeting. 21
	605	+
	606	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
	607	+	October 1, 2023. 23
620	608