Maryland 2024 Regular Session

Maryland House Bill HB705 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		hb0705
9	6
10	7		HOUSE BILL 705
11	8		N1 4lr2554
12	9		HB 331/23 – ENT
13	10		By: Delegate Terrasa
14	11		Introduced and read first time: January 26, 2024
15	12		Assigned to: Environment and Transportation
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: February 23, 2024
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 may be held only in accordance with certain provisions of 11
35	29		law; and generally relating to cooperative housing corporations, condominiums, and 12
36	30		homeowners associations. 13
37	31
38	32		BY repealing and reenacting, without amendments, 14
39	33		Article – Corporations and Associations 15
40	34		Section 5–6B–19 16
41	35		Annotated Code of Maryland 17
42	36		(2014 Replacement Volume and 2023 Supplement) 18
43	37
44	38		BY repealing and reenacting, with amendments, 19
45	39		Article – Corporations and Associations 20
46	40		Section 5–6B–25.1 21
47	41		Annotated Code of Maryland 22
48		-	(2014 Replacement Volume and 2023 Supplement) 23 2 HOUSE BILL 705
	42	+	(2014 Replacement Volume and 2023 Supplement) 23
	43	+
	44	+	BY repealing and reenacting, without amendments, 24
	45	+	Article – Real Property 25
	46	+	Section 11–109 and 11B–111 26
	47	+	Annotated Code of Maryland 27
	48	+	(2023 Replacement Volume) 28 2 HOUSE BILL 705
49	49
50	50
51	51
52		-	BY repealing and reenacting, ~~without~~ amendments, 1
	52	+	BY repealing and reenacting, with amendments, 1
53	53		Article – Real Property 2
54		-	Section 11–~~109~~ and 11B–~~111~~ 3
	54	+	Section 11–139.3 and 11B–113.6 3
55	55		Annotated Code of Maryland 4
56	56		(2023 Replacement Volume) 5
57	57
58		-	BY repealing and reenacting, with amendments, 6
59		-	Article – Real Property 7
60		-	Section 11–139.3 and 11B–113.6 8
61		-	Annotated Code of Maryland 9
62		-	(2023 Replacement Volume) 10
	58	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
	59	+	That the Laws of Maryland read as follows: 7
63	60
64		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65		-	That the Laws of Maryland read as follows: 12
	61	+	Article – Corporations and Associations 8
66	62
67		-	~~Article – Corporations and Associations 13~~
	63	+	5–6B–19. 9
68	64
69		-	5–6B–19. 14
	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
70	69
71		-	(a) This section applies to any meeting of a cooperative housing corporation, the 15
72		-	governing body of a cooperative housing corporation, or a committee of a cooperative 16
73		-	housing corporation, notwithstanding anything contained in the documents of the 17
74		-	cooperative housing corporation. 18
	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
75	73
76		-	(b) Subject to the provisions of subsection (e) of this section, all meetings of the 19
77		-	cooperative housing corporation shall be open to the members of the cooperative housing 20
78		-	corporation or their agents. 21
	74	+	(c) All members shall be given reasonable notice of all regularly scheduled open 17
	75	+	meetings of the cooperative housing corporation. 18
79	76
80		-	(c) All members shall be given reasonable notice of all regularly scheduled open 22
81		-	meetings of the cooperative housing corporation. 23
	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
82	80
83		-	(d) (1) This subsection does not apply to a meeting of a governing body that 24
84		-	occurs at any time before the members, other than the developer, have a majority of votes 25
85		-	in the cooperative housing corporation. 26
	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
86	85
87		-	(2) Subject to paragraph (3) of this subsection and to reasonable rules 27
88		-	adopted by a governing body, a governing body shall provide a designated period of time 28
89		-	during a meeting to allow members an opportunity to comment on any matter relating to 29
90		-	the cooperative housing corporation. 30
	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
91	89
92		-	(3) During a meeting at which the agenda is limited to specific topics or at 31
93		-	a special meeting, the comments of members may be limited to the topics listed on the 32
94		-	meeting agenda. 33
	90	+	(e) (1) A meeting of a cooperative housing corporation may be held in closed 29
	91	+	session only for the purpose of: 30
95	92
96		-	(e) (1) A meeting of a cooperative housing corporation may be held in closed 34
97		-	session only for the purpose of: 35 HOUSE BILL 705 3
	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
	97	+	HOUSE BILL 705 3
	98	+
	99	+
	100	+	(iii) Consulting with legal counsel on legal matters; 1
	101	+
	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
	105	+
	106	+	(v) Conducting investigative proceedings concerning possible or 5
	107	+	actual criminal misconduct; 6
	108	+
	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
	112	+
	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
	116	+
	117	+	(viii) Discussing individual owner assessment accounts. 13
	118	+
	119	+	(2) If a meeting is held in closed session under paragraph (1) of this 14
	120	+	subsection: 15
	121	+
	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
	124	+
	125	+	(ii) The minutes of the next meeting of the cooperative housing 18
	126	+	corporation shall include: 19
	127	+
	128	+	1. A statement of the time, place, and purpose of a closed 20
	129	+	meeting; 21
	130	+
	131	+	2. A record of the vote of each board or committee member by 22
	132	+	which the meeting was closed; and 23
	133	+
	134	+	3. A statement of the authority under this subsection for 24
	135	+	closing the meeting. 25
	136	+
	137	+	5–6B–25.1. 26
	138	+
	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
	144	+
	145	+	(2) If a meeting is conducted by telephone conference, video conference, or 32
	146	+	similar electronic means[, the]: 33 4 HOUSE BILL 705
98	147
99	148
100	149
101		-	(i) Discussing matters pertaining to employees and personnel; 1
	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
102	153
103		-	(ii) ~~Protecting~~ the ~~privacy or reputation of individuals in matters not 2~~
104		-	~~related~~ to ~~the business of the cooperative housing corporation; 3~~
	154	+	(II) THE PERSON CONDUCTING THE MEETING SHALL ALLOW 4
	155	+	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 5
105	156
106		-	(iii) Consulting with legal counsel on legal matters; 4
	157	+	1. BE HEARD BY ALL OTHER MEMBERS PARTICIPATIN G 6
	158	+	IN THE MEETING ; AND 7
107	159
108		-	(iv) Consulting with staff personnel, consultants, attorneys, board 5
109		-	members, or other persons in connection with pending or potential litigation or other legal 6
110		-	matters; 7
	160	+	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 8
	161	+	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 9
111	162
112		-	(v) Conducting investigative proceedings concerning possible or 8
113		-	actual criminal misconduct; 9
	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 ALL PARTICIPANTS : 12
114	166
115		-	(vi) Considering the terms or conditions of a business transaction in 10
116		-	the negotiation stage if the disclosure could adversely affect the economic interests of the 11
117		-	cooperative housing corporation; 12
	167	+	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 13
	168	+	CONDUCTING BUSINESS ; 14
118	169
119		-	(vii) Complying with a specific constitutional, statutory, or judicially 13
120		-	imposed requirement protecting particular proceedings or matters from public disclosure; 14
121		-	or 15
	170	+	2. DURING PRESENTATIONS ; AND 15
122	171
123		-	(viii) Discussing individual owner assessment accounts. 16
	172	+	3. TO AVOID INTERFERENCE FROM BACKGROUND 16
	173	+	NOISE; AND 17
124	174
125		-	(2) If a meeting is held in closed session under paragraph (1) of this 17
126		-	subsection: 18
	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
127	178
128		-	~~(i) An action may not be taken and a matter may not be discussed if 19~~
129		-	~~it is not permitted by paragraph (1) of this subsection~~; and 20
	179	+	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 21
	180	+	UNMUTE; AND 22
130	181
131		-	~~(ii)~~ The ~~minutes of~~ the ~~next meeting of the cooperative housing 21~~
132		-	~~corporation shall include:~~ 22
	182	+	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 23
	183	+	MEETING AFTER WARNIN G THE PARTICIPANT . 24
133	184
134		-	1. A statement of the time, place, and purpose of a closed 23
135		-	meeting; 24
	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
136	188
137		-	2. A record of the vote of each board or committee member by 25
138		-	which the meeting was closed; and 26
139		-
140		-	3. A statement of the authority under this subsection for 27
141		-	closing the meeting. 28
142		-
143		-	5–6B–25.1. 29
144		-
145		-	(a) (1) Notwithstanding language contained in the governing documents of the 30
146		-	cooperative housing corporation, the board of directors may authorize any meetings of the 31 4 HOUSE BILL 705
	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
	192	+	HOUSE BILL 705 5
147	193
148	194
149		-	cooperative housing corporation, the board of directors, or a committee of the cooperative 1
150		-	housing corporation to be conducted or attended by telephone conference, video conference, 2
151		-	or similar electronic means. 3
	195	+	[(4)] (5) No specific authorization from members shall be required to hold 1
	196	+	a meeting electronically. 2
152	197
153		-	(2) If a meeting is conducted by telephone conference, video conference, or 4
154		-	similar electronic means[, the]: 5
	198	+	(6) A MEETING OF THE GOVER NING BODY HELD BY ELECTRONIC 3
	199	+	TRANSMISSION MAY BE HELD ONLY IN ACCORDA NCE WITH § 5–6B–19 OF THIS 4
	200	+	SUBTITLE. 5
155	201
156		-	(I) ~~THE equipment or system used must permit~~ any member, board 6
157		-	~~member~~, or ~~committee member in attendance to hear and~~ be ~~heard by all other members~~ 7
158		-	~~participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS;~~ 8
	202	+	(b) Any member, board member, or committee member attending a meeting by 6
	203	+	telephone conference, video conference, or similar electronic means shall be deemed present 7
	204	+	for quorum and voting purposes. 8
159	205
160		-	(II) THE PERSON CONDUCTING THE MEETING SHALL AL LOW 9
161		-	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 10
	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
162	209
163		-	1. BE HEARD BY ALL OTHER MEMBERS PARTICIPATIN G 11
164		-	IN THE MEETING ; AND 12
	210	+	(ii) Only those members present during the telephone conference, 12
	211	+	video conference, or similar electronic meeting shall be authorized to vote a ballot in 13
	212	+	accordance with this subsection. 14
165	213
166		-	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 13
167		-	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 14
	214	+	(iii) Members who are not present at the meeting may: 15
168	215
169		-	(III) PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE 15
170		-	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 16
171		-	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 17
	216	+	1. Vote by proxy in accordance with the requirements of the 16
	217	+	governing documents and this title; and 17
172	218
173		-	1. ~~WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS~~ 18
174		-	~~CONDUCTING BUSINESS ;~~ 19
	219	+	2. Be considered present for quorum purposes through their 18
	220	+	proxy. 19
175	221
176		-	2. DURING PRESENTATIONS ; AND 20
	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
177	225
178		-	~~3. TO AVOID INTERFERENCE FROM BACKGROUND 21~~
179		-	~~NOISE; AND 22~~
	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
180	228
181		-	(IV) ~~IF A PARTICIPANT INTE RFERES~~ IN THE ~~ABILIT Y TO 23~~
182		-	~~CONDUCT~~ THE MEETING ~~, THE PERSON CONDUCTIN G THE MEETING OR THE 24~~
183		-	~~PERSON’S DESIGNEE MAY : 25~~
	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
184	232
185		-	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 26
186		-	UNMUTE; AND 27
	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
187	236
188		-	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 28
189		-	MEETING AFTER WARNIN G THE PARTICIPANT . 29
	237	+	Article – Real Property 31
190	238
191		-	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 30
192		-	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 31
193		-	CHAT FUNCTION . 32 HOUSE BILL 705 5
	239	+	11–109. 32
	240	+	6 HOUSE BILL 705
	241	+
	242	+
	243	+	(a) The affairs of the condominium shall be governed by a council of unit owners 1
	244	+	which, even if unincorporated, is constituted a legal entity for all purposes. The council of 2
	245	+	unit owners shall be comprised of all unit owners. 3
	246	+
	247	+	(b) The bylaws may authorize or provide for the delegation of any power of the 4
	248	+	council of unit owners to a board of directors, officers, managing agent, or other person for 5
	249	+	the purpose of carrying out the responsibilities of the council of unit owners. 6
	250	+
	251	+	(c) (1) A meeting of the council of unit owners or board of directors may not be 7
	252	+	held on less notice than required by this section. 8
	253	+
	254	+	(2) The council of unit owners shall maintain a current roster of names and 9
	255	+	addresses of each unit owner to which notice of meetings of the board of directors shall be 10
	256	+	sent at least annually. 11
	257	+
	258	+	(3) Each unit owner shall furnish the council of unit owners with his name 12
	259	+	and current mailing address. A unit owner may not vote at meetings of the council of unit 13
	260	+	owners until this information is furnished. 14
	261	+
	262	+	(4) A regular or special meeting of the council of unit owners may not be 15
	263	+	held on less than 10 nor more than 90 days’: 16
	264	+
	265	+	(i) Written notice delivered or mailed to each unit owner at the 17
	266	+	address shown on the roster on the date of the notice; or 18
	267	+
	268	+	(ii) Notice sent to each unit owner by electronic transmission, if the 19
	269	+	requirements of § 11–139.1 of this title are met. 20
	270	+
	271	+	(5) Notice of special meetings of the board of directors shall be given: 21
	272	+
	273	+	(i) As provided in the bylaws; or 22
	274	+
	275	+	(ii) If the requirements of § 11–139.1 of this title are met, by 23
	276	+	electronic transmission. 24
	277	+
	278	+	(6) Except as provided in § 11–109.1 of this title, a meeting of a governing 25
	279	+	body shall be open and held at a time and location as provided in the notice or bylaws. 26
	280	+
	281	+	(7) (i) This paragraph does not apply to any meeting of the governing 27
	282	+	body that occurs at any time before the meeting at which the unit owners elect officers or a 28
	283	+	board of directors in accordance with paragraph (16) of this subsection. 29
	284	+
	285	+	(ii) Subject to subparagraph (iii) of this paragraph and to reasonable 30
	286	+	rules adopted by the governing body under § 11–111 of this title, a governing body shall 31
	287	+	provide a designated period of time during a meeting to allow unit owners an opportunity 32
	288	+	to comment on any matter relating to the condominium. 33
	289	+	HOUSE BILL 705 7
	290	+
	291	+
	292	+	(iii) During a meeting at which the agenda is limited to specific topics 1
	293	+	or at a special meeting, the unit owners’ comments may be limited to the topics listed on 2
	294	+	the meeting agenda. 3
	295	+
	296	+	(iv) The governing body shall convene at least one meeting each year 4
	297	+	at which the agenda is open to any matter relating to the condominium. 5
	298	+
	299	+	(8) (i) Unless the bylaws provide otherwise, a quorum is deemed 6
	300	+	present throughout any meeting of the council of unit owners if persons entitled to cast 25 7
	301	+	percent of the total number of votes appurtenant to all units are present in person or by 8
	302	+	proxy. 9
	303	+
	304	+	(ii) If the number of persons present in person or by proxy at a 10
	305	+	properly called meeting of the council of unit owners is insufficient to constitute a quorum, 11
	306	+	an additional meeting of the council of unit owners may be called for the same purpose if: 12
	307	+
	308	+	1. The notice of the initial properly called meeting stated: 13
	309	+
	310	+	A. That the procedure authorized by this paragraph might be 14
	311	+	invoked; and 15
	312	+
	313	+	B. The date, time, and place of the additional meeting; and 16
	314	+
	315	+	2. A majority of the unit owners present vote in person or by 17
	316	+	proxy to call for the additional meeting. 18
	317	+
	318	+	(iii) 1. An additional meeting called under subparagraph (ii) of 19
	319	+	this paragraph shall occur not less than 15 days after the initial properly called meeting. 20
	320	+
	321	+	2. Not less than 10 days before the additional meeting, a 21
	322	+	separate and distinct notice of the date, time, place, and purpose of the additional meeting 22
	323	+	called under subparagraph (ii) of this paragraph shall be: 23
	324	+
	325	+	A. Delivered, mailed, or sent by electronic transmission if the 24
	326	+	requirements of § 11–139.1 of this title are met, to each unit owner at the address shown 25
	327	+	on the roster maintained under paragraph (2) of this subsection; 26
	328	+
	329	+	B. Advertised in a newspaper published in the county where 27
	330	+	the condominium is located; or 28
	331	+
	332	+	C. If the condominium has a website, posted on the homepage 29
	333	+	of the website. 30
	334	+
	335	+	3. The notice shall contain the quorum and voting provisions 31
	336	+	of subparagraph (iv) of this paragraph. 32
	337	+	8 HOUSE BILL 705
	338	+
	339	+
	340	+	(iv) 1. At the additional meeting, the unit owners present in 1
	341	+	person or by proxy constitute a quorum. 2
	342	+
	343	+	2. Unless the bylaws provide otherwise, a majority of the 3
	344	+	unit owners present in person or by proxy: 4
	345	+
	346	+	A. May approve or authorize the proposed action at the 5
	347	+	additional meeting; and 6
	348	+
	349	+	B. May take any other action that could have been taken at 7
	350	+	the original meeting if a sufficient number of unit owners had been present. 8
	351	+
	352	+	(v) This paragraph may not be construed to affect the percentage of 9
	353	+	votes required to amend the declaration or bylaws or to take any other action required to 10
	354	+	be taken by a specified percentage of votes. 11
	355	+
	356	+	(9) At meetings of the council of unit owners each unit owner shall be 12
	357	+	entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, 13
	358	+	but the proxy is effective only for a maximum period of 180 days following its issuance, 14
	359	+	unless granted to a lessee or mortgagee. 15
	360	+
	361	+	(10) Any proxy may be revoked at any time at the pleasure of the unit owner 16
	362	+	or unit owners executing the proxy. 17
	363	+
	364	+	(11) A proxy who is not appointed to vote as directed by a unit owner may 18
	365	+	only be appointed for purposes of meeting quorums and to vote for matters of business 19
	366	+	before the council of unit owners, other than an election of officers and members of the 20
	367	+	board of directors. 21
	368	+
	369	+	(12) Only a unit owner voting in person or by electronic transmission if the 22
	370	+	requirements of § 11–139.2 of this title are met or a proxy voting for candidates designated 23
	371	+	by a unit owner may vote for officers and members of the board of directors. 24
	372	+
	373	+	(13) Unless otherwise provided in the bylaws, a unit owner may nominate 25
	374	+	himself or any other person to be an officer or member of the board of directors. A call for 26
	375	+	nominations shall be sent to all unit owners not less than 45 days before notice of an election 27
	376	+	is sent. Only nominations made at least 15 days before notice of an election shall be listed 28
	377	+	on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with 29
	378	+	no indicated candidate preference. Nominations may be made from the floor at the meeting 30
	379	+	at which the election to the board is held. 31
	380	+
	381	+	(14) Election materials prepared with funds of the council of unit owners 32
	382	+	shall list candidates in alphabetical order and may not indicate a candidate preference. 33
	383	+
	384	+	(15) Unless otherwise provided in this title, and subject to provisions in the 34
	385	+	bylaws requiring a different majority, decisions of the council of unit owners shall be made 35
	386	+	on a majority of votes of the unit owners listed on the current roster present and voting. 36 HOUSE BILL 705 9
194	387
195	388
196	389
197		-	(4) A ~~link or instructions on how~~ to ~~access the meeting by telephone~~ 1
198		-	~~conference~~, ~~video conference, or similar electronic means shall be included~~ in the ~~notice of~~ 2
199		-	~~the meeting.~~ 3
	390	+	(16) (i) A meeting of the council of unit owners to elect a board of 1
	391	+	directors for the council of unit owners, as provided in the condominium declaration or 2
	392	+	bylaws, shall be held within: 3
200	393
201		-	[(4)] (5) No specific authorization from members shall be required to hold 4
202		-	a meeting electronically. 5
	394	+	1. 60 days from the date that units representing 50 percent 4
	395	+	of the votes in the condominium have been conveyed by the developer to members of the 5
	396	+	public for residential purposes; or 6
203	397
204		-	~~(6)~~ A ~~MEETING OF~~ THE ~~GOVER NING BODY HELD BY ELECTRONIC 6~~
205		-	~~TRANSMISSION MAY BE HELD ONLY IN ACCORDA NCE WITH § 5–6B–19~~ OF ~~THIS 7~~
206		-	~~SUBTITLE~~. 8
	398	+	2. If a lesser percentage is specified in the declaration or 7
	399	+	bylaws of the condominium, 60 days from the date the specified lesser percentage of units 8
	400	+	in the condominium are sold to members of the public for residential purposes. 9
207	401
208		-	(b) ~~Any member,~~ ~~board member,~~ ~~or committee member attending a~~ meeting ~~by 9~~
209		-	~~telephone conference~~, ~~video conference, or similar electronic means~~ shall ~~be deemed present 10~~
210		-	~~for quorum and voting purposes~~. 11
	402	+	(ii) 1. Before the date of the meeting held under subparagraph 10
	403	+	(i) of this paragraph, the developer shall deliver to each unit owner notice that the 11
	404	+	requirements of subparagraph (i) of this paragraph have been met. 12
211	405
212		-	(c) (1) (i) Any matter requiring a vote of the cooperative housing 12
213		-	corporation may be set by the board of directors for a vote at the meeting, and a ballot may 13
214		-	be delivered to members with notice of the meeting. 14
	406	+	2. The notice shall include the date, time, and place of the 13
	407	+	meeting to elect the board of directors for the council of unit owners. 14
215	408
216		-	(ii) ~~Only those members present during~~ the ~~telephone conference,~~ 15
217		-	~~video conference,~~ ~~or similar electronic meeting~~ shall ~~be authorized to vote a ballot in~~ 16
218		-	~~accordance with~~ this ~~subsection~~. 17
	409	+	(iii) If a replacement board member is elected, the term of each 15
	410	+	member of the board of directors appointed by the developer shall end 10 days after the 16
	411	+	meeting is held as specified in subparagraph (i) of this paragraph. 17
219	412
220		-	(iii) Members who are not present at the meeting may: 18
	413	+	(iv) Within 30 days from the date of the meeting held und er 18
	414	+	subparagraph (i) of this paragraph, the developer shall deliver to the officers or board of 19
	415	+	directors for the council of unit owners, as provided in the condominium declaration or 20
	416	+	bylaws, at the developer’s expense: 21
221	417
222		-	1. Vote by proxy in accordance with the requirements of the 19
223		-	governing documents and this title; and 20
	418	+	1. The documents specified in § 11–132 of this title; 22
224	419
225		-	2. ~~Be considered present for quorum purposes through their 21~~
226		-	~~proxy. 22~~
	420	+	2. The condominium funds, including operating funds, 23
	421	+	replacement reserves, investment accounts, and working capital; 24
227	422
228		-	(2) (i) The board of directors may set a reasonable deadline for return 23
229		-	of a ballot to the cooperative housing corporation, including return by electronic 24
230		-	transmission. 25
	423	+	3. The tangible property of the condominium; and 25
231	424
232		-	~~(ii) The deadline for return~~ of ~~the ballot shall be not later than 24~~ 26
233		-	~~hours after the conclusion of the meeting~~. 27
	425	+	4. A roster of current unit owners, including mailing 26
	426	+	addresses, telephone numbers, and unit numbers, if known. 27
234	427
235		-	(d) Notwithstanding language contained in the governing documents of the 28
236		-	cooperative housing corporation, nominations from the floor at the meeting are not required 29
237		-	if at least one candidate has been nominated to fill each open board position. 30
	428	+	(v) The replacement reserves delivered under subparagraph (iv)2 of 28
	429	+	this paragraph for a residential condominium shall be equal to at least the reserve funding 29
	430	+	amount recommended in the reserve study completed under § 11–109.4 of this title as of 30
	431	+	the date of the meeting. 31
238	432
239		-	(e) The inability of a member to join a meeting due to technical difficulties with 31
240		-	the member’s telephone, computer, or other electronic device does not invalidate the 32
241		-	meeting or any action taken at the meeting. 33
242		-	6 HOUSE BILL 705
	433	+	(vi) 1. This subparagraph does not apply to a contract entered 32
	434	+	into before October 1, 2009. 33
	435	+	10 HOUSE BILL 705
243	436
244	437
245		-	Article – Real Property 1
	438	+	2. A. In this subparagraph, “contract” means an 1
	439	+	agreement with a company or individual to handle financial matters, maintenance, or 2
	440	+	services for the condominium. 3
246	441
247		-	11–109. 2
	442	+	B. “Contract” does not include an agreement relating to the 4
	443	+	provision of utility services or communication systems. 5
248	444
249		-	(a) The affairs of the condominium shall be governed by a council of unit owners 3
250		-	which, even if unincorporated, is constituted a legal entity for all purposes. The council of 4
251		-	unit owners shall be comprised of all unit owners. 5
	445	+	3. Until all members of the board of directors of the 6
	446	+	condominium are elected by the unit owners at a transitional meeting as specified in 7
	447	+	subparagraph (i) of this paragraph, a contract entered into by the officers or board of 8
	448	+	directors of the condominium may be terminated, at the discretion of the board of directors 9
	449	+	and without liability for the termination, not later than 30 days after notice. 10
252	450
253		-	(b) The ~~bylaws may authorize or provide for~~ the ~~delegation~~ of ~~any power of the 6~~
254		-	~~council~~ of ~~unit owners to a board of directors, officers, managing agent, or other person for 7~~
255		-	~~the purpose of carrying out the responsibilities~~ of the ~~council~~ of ~~unit owners~~. 8
	451	+	(vii) If the developer fails to comply with the requirements of this 11
	452	+	paragraph, an aggrieved unit owner may submit the dispute to the Division of Consumer 12
	453	+	Protection of the Office of the Attorney General under § 11–130(c) of this title. 13
256	454
257		-	(c) (1) A meeting of the council of unit owners or board of directors may not be 9
258		-	held on less notice than required by this section. 10
	455	+	(d) The council of unit owners may be either incorporated as a nonstock 14
	456	+	corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of 15
	457	+	the Corporations and Associations Article which are not inconsistent with this title. The 16
	458	+	council of unit owners has, subject to any provision of this title, and except as provided in 17
	459	+	item (22) of this subsection, the declaration, and bylaws, the following powers: 18
259	460
260		-	(2) The council of unit owners shall maintain a current roster of names and 11
261		-	addresses of each unit owner to which notice of meetings of the board of directors shall be 12
262		-	sent at least annually. 13
	461	+	(1) To have perpetual existence, subject to the right of the unit owners to 19
	462	+	terminate the condominium regime as provided in § 11–123 of this title; 20
263	463
264		-	(3) Each unit owner shall furnish the council of unit owners with his name 14
265		-	and current mailing address. A unit owner may not vote at meetings of the council of unit 15
266		-	owners until this information is furnished. 16
	464	+	(2) To adopt and amend reasonable rules and regulations; 21
267	465
268		-	(4) ~~A regular or special meeting of the council of unit owners may not be 17~~
269		-	~~held on less than 10 nor more than 90 days’: 18~~
	466	+	(3) To adopt and amend budgets for revenues, expenditures, and reserves 22
	467	+	and collect assessments for common expenses from unit owners; 23
270	468
271		-	(i) Written notice delivered or mailed to each unit owner at the 19
272		-	address shown on the roster on the date of the notice; or 20
	469	+	(4) To sue and be sued, complain and defend, or intervene in litigation or 24
	470	+	administrative proceedings in its own name on behalf of itself or two or more unit owners 25
	471	+	on matters affecting the condominium; 26
273	472
274		-	(ii) Notice sent to each unit owner by electronic transmission, if the 21
275		-	requirements of § 11–139.1 of this title are met. 22
	473	+	(5) To transact its business, carry on its operations and exercise the powers 27
	474	+	provided in this subsection in any state, territory, district, or possession of the United 28
	475	+	States and in any foreign country; 29
276	476
277		-	(5) Notice of special meetings of the board of directors shall be given: 23
	477	+	(6) To make contracts and guarantees, incur liabilities and borrow money, 30
	478	+	sell, mortgage, lease, pledge, exchange, convey, transfer, and otherwise dispose of any part 31
	479	+	of its property and assets; 32
278	480
279		-	(i) As provided in the bylaws; or 24
280		-
281		-	(ii) If the requirements of § 11–139.1 of this title are met, by 25
282		-	electronic transmission. 26
283		-
284		-	(6) Except as provided in § 11–109.1 of this title, a meeting of a governing 27
285		-	body shall be open and held at a time and location as provided in the notice or bylaws. 28
286		-
287		-	(7) (i) This paragraph does not apply to any meeting of the governing 29
288		-	body that occurs at any time before the meeting at which the unit owners elect officers or a 30
289		-	board of directors in accordance with paragraph (16) of this subsection. 31
290		-	HOUSE BILL 705 7
	481	+	(7) To issue bonds, notes, and other obligations and secure the same by 33
	482	+	mortgage or deed of trust of any part of its property, franchises, and income; 34
	483	+	HOUSE BILL 705 11
291	484
292	485
293		-	(ii) Subject to subparagraph (iii) of this paragraph and to reasonable 1
294		-	rules adopted by the governing body under § 11–111 of this title, a governing body shall 2
295		-	provide a designated period of time during a meeting to allow unit owners an opportunity 3
296		-	to comment on any matter relating to the condominium. 4
	486	+	(8) To acquire by purchase or in any other manner, to take, receive, own, 1
	487	+	hold, use, employ, improve, and otherwise deal with any property, real or personal, or any 2
	488	+	interest therein, wherever located; 3
297	489
298		-	(iii) During a meeting at which the agenda is limited to specific topics 5
299		-	or at a special meeting, the unit owners’ comments may be limited to the topics listed on 6
300		-	the meeting agenda. 7
	490	+	(9) To hire and terminate managing agents and other employees, agents, 4
	491	+	and independent contractors; 5
301	492
302		-	(iv) The governing body shall convene at least one meeting each year 8
303		-	at which the agenda is open to any matter relating to the condominium. 9
	493	+	(10) To purchase, take, receive, subscribe for or otherwise acquire, own, 6
	494	+	hold, vote, use, employ, sell, mortgage, loan, pledge or otherwise dispose of, and otherwise 7
	495	+	use and deal in and with, shares or other interests in, or obligation of corporations of the 8
	496	+	State, or foreign corporations, and of associations, partnerships, and individuals; 9
304	497
305		-	(8) ~~(i) Unless the bylaws provide otherwise,~~ ~~a quorum is deemed~~ 10
306		-	~~present throughout any meeting of~~ the ~~council of unit owners if persons entitled~~ to ~~cast 25~~ 11
307		-	~~percent~~ of ~~the total number of votes appurtenant to all units are present in person or by~~ 12
308		-	~~proxy.~~ 13
	498	+	(11) To invest its funds and to lend money in any manner appropriate to 10
	499	+	enable it to carry on the operations or to fulfill the purposes named in the declaration or 11
	500	+	bylaws, and to take and to hold real and personal property as security for the payment of 12
	501	+	funds so invested or loaned; 13
309	502
310		-	(ii) If the number of persons present in person or by proxy at a 14
311		-	properly called meeting of the council of unit owners is insufficient to constitute a quorum, 15
312		-	an additional meeting of the council of unit owners may be called for the same purpose if: 16
	503	+	(12) To regulate the use, maintenance, repair, replacement, and 14
	504	+	modification of common elements; 15
313	505
314		-	1. The notice of the initial properly called meeting stated: 17
	506	+	(13) To cause additional improvements to be made as a part of the general 16
	507	+	common elements; 17
315	508
316		-	A. That the procedure authorized by this paragraph might be 18
317		-	invoked; and 19
	509	+	(14) To grant easements, rights–of–way, licenses, leases in excess of 1 year, 18
	510	+	or similar interests through or over the common elements in accordance with § 11–125(f) 19
	511	+	of this title; 20
318	512
319		-	B. The date, time, and place of the additional meeting; and 20
	513	+	(15) To impose and receive any payments, fees, or charges for the use, rental, 21
	514	+	or operation of the common elements other than limited common elements; 22
320	515
321		-	2. A majority of the unit owners present vote in person or by 21
322		-	proxy to call for the additional meeting. 22
	516	+	(16) To impose charges for late payment of assessments and, after notice 23
	517	+	and an opportunity to be heard, levy reasonable fines for violations of the declaration, 24
	518	+	bylaws, and rules and regulations of the council of unit owners, under § 11–113 of this title; 25
323	519
324		-	(iii) 1. An additional meeting called under subparagraph (ii) of 23
325		-	this paragraph shall occur not less than 15 days after the initial properly called meeting. 24
	520	+	(17) To impose reasonable charges for the preparation and recordation of 26
	521	+	amendments to the declaration, bylaws, rules, regulations, or resolutions, resale 27
	522	+	certificates, or statements of unpaid assessments; 28
326	523
327		-	~~2. Not less than 10 days before~~ the ~~additional meeting,~~ ~~a 25~~
328		-	~~separate and distinct notice of the date~~, ~~time, place~~, and ~~purpose of~~ the ~~additional meeting 26~~
329		-	~~called under subparagraph (ii)~~ of ~~this paragraph shall be: 27~~
	524	+	(18) To provide for the indemnification of and maintain liability insurance 29
	525	+	for officers, directors, and any managing agent or other employee charged with the 30
	526	+	operation or maintenance of the condominium; 31
330	527
331		-	A. Delivered, mailed, or sent by electronic transmission if the 28
332		-	requirements of § 11–139.1 of this title are met, to each unit owner at the address shown 29
333		-	on the roster maintained under paragraph (2) of this subsection; 30
	528	+	(19) To enforce the implied warranties made to the council of unit owners by 32
	529	+	the developer under § 11–131 of this title; 33
334	530
335		-	B. Advertised in a newspaper published in the county where 31
336		-	the condominium is located; or 32
337		-
338		-	C. If the condominium has a website, posted on the homepage 33
339		-	of the website. 34 8 HOUSE BILL 705
	531	+	(20) To enforce the provisions of this title, the declaration, bylaws, and rules 34
	532	+	and regulations of the council of unit owners against any unit owner or occupant; 35 12 HOUSE BILL 705
340	533
341	534
342	535
343		-	3. The notice shall contain the quorum and voting provisions 1
344		-	of subparagraph (iv) of this paragraph. 2
	536	+	(21) Generally, to exercise the powers set forth in this title and the 1
	537	+	declaration or bylaws and to do every other act not inconsistent with law, which may be 2
	538	+	appropriate to promote and attain the purposes set forth in this title, the declaration or 3
	539	+	bylaws; and 4
345	540
346		-	(iv) ~~1. At the additional meeting~~, ~~the unit owners present in 3~~
347		-	~~person~~ or ~~by proxy constitute a quorum~~. 4
	541	+	(22) To designate parking for individuals with disabilities, notwithstanding 5
	542	+	any provision in the declaration, bylaws, or rules and regulations. 6
348	543
349		-	2. Unless the bylaws provide otherwise, a majority of the 5
350		-	unit owners present in person or by proxy: 6
	544	+	(e) A unit owner may not have any right, title, or interest in any property owned 7
	545	+	by the council of unit owners other than as holder of a percentage interest in common 8
	546	+	expenses and common profits appurtenant to his unit. 9
351	547
352		-	A~~. May approve or authorize the proposed action at the 7~~
353		-	~~additional meeting;~~ and 8
	548	+	(f) A unit owner’s rights as holder of a percentage interest in common expenses 10
	549	+	and common profits are such that: 11
354	550
355		-	~~B. May take any other action that could have been taken at 9~~
356		-	~~the original meeting if a sufficient number of~~ unit owners ~~had been present.~~ 10
	551	+	(1) A unit owner’s right to possess, use, or enjoy property of the council of 12
	552	+	unit owners shall be as provided in the bylaws; and 13
357	553
358		-	(v) This paragraph may not be construed to affect the percentage of 11
359		-	votes required to amend the declaration or bylaws or to take any other action required to 12
360		-	be taken by a specified percentage of votes. 13
	554	+	(2) A unit owner’s interest in the property is not assignable or attachable 14
	555	+	separate from his unit except as provided in §§ 11–107(d) and 11–112(g) of this title. 15
361	556
362		-	(9) At meetings of the council of unit owners each unit owner shall be 14
363		-	entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, 15
364		-	but the proxy is effective only for a maximum period of 180 days following its issuance, 16
365		-	unless granted to a lessee or mortgagee. 17
	557	+	11–139.3. 16
366	558
367		-	(10) Any proxy may be revoked at any time at the pleasure of the unit owner 18
368		-	or unit owners executing the proxy. 19
	559	+	(a) (1) Notwithstanding language contained in the governing documents of the 17
	560	+	council of unit owners, the board of directors may authorize any meetings of the council of 18
	561	+	unit owners, the board of directors, or a committee of the council of unit owners or the board 19
	562	+	of directors to be conducted or attended by telephone conference, video conference, or 20
	563	+	similar electronic means. 21
369	564
370		-	(11) A proxy who is not appointed to vote as directed by a unit owner may 20
371		-	only be appointed for purposes of meeting quorums and to vote for matters of business 21
372		-	before the council of unit owners, other than an election of officers and members of the 22
373		-	board of directors. 23
	565	+	(2) If a meeting is conducted by telephone conference, video conference, or 22
	566	+	similar electronic means[, the]: 23
374	567
375		-	(12) ~~Only a~~ unit owner ~~voting in person or by electronic transmission if the~~ 24
376		-	~~requirements of § 11–139.2 of this title are met~~ or ~~a proxy voting for candidates designated~~ 25
377		-	~~by a unit owner may vote for officers and members of~~ the ~~board of directors.~~ 26
	568	+	(I) THE equipment or system used must permit any unit owner, 24
	569	+	board member, or committee member in attendance to hear and be heard by all others 25
	570	+	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 26
378	571
379		-	(13) Unless otherwise provided in the bylaws, a unit owner may nominate 27
380		-	himself or any other person to be an officer or member of the board of directors. A call for 28
381		-	nominations shall be sent to all unit owners not less than 45 days before notice of an election 29
382		-	is sent. Only nominations made at least 15 days before notice of an election shall be listed 30
383		-	on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with 31
384		-	no indicated candidate preference. Nominations may be made from the floor at the meeting 32
385		-	at which the election to the board is held. 33
	572	+	(II) THE PERSON CONDUCTING THE MEETING SHALL AL LOW 27
	573	+	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 28
386	574
387		-	(14) Election materials prepared with funds of the council of unit owners 34
388		-	shall list candidates in alphabetical order and may not indicate a candidate preference. 35 HOUSE BILL 705 9
	575	+	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 29
	576	+	MEETING; AND 30
	577	+
	578	+	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 31
	579	+	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 32
	580	+	HOUSE BILL 705 13
	581	+
	582	+
	583	+	(III) PROVIDED THA T ALL PARTICIPANTS A RE GRANTED THE 1
	584	+	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 2
	585	+	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 3
	586	+
	587	+	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 4
	588	+	CONDUCTING BUSINESS ; 5
	589	+
	590	+	2. DURING PRESENTATIONS ; AND 6
	591	+
	592	+	3. TO AVOID INTERFERENCE FROM BACKGROUND 7
	593	+	NOISE; AND 8
	594	+
	595	+	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 9
	596	+	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 10
	597	+	PERSON’S DESIGNEE MAY : 11
	598	+
	599	+	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 12
	600	+	UNMUTE; AND 13
	601	+
	602	+	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 14
	603	+	MEETING AFTER WARNIN G THE PARTICIPANT . 15
	604	+
	605	+	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 16
	606	+	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 17
	607	+	CHAT FUNCTION . 18
	608	+
	609	+	(4) A link or instructions on how to access the meeting by telephone 19
	610	+	conference, video conference, or similar electronic means shall be included in the notice of 20
	611	+	the meeting. 21
	612	+
	613	+	[(4)] (5) No specific authorization from unit owners shall be required to 22
	614	+	hold a meeting electronically. 23
	615	+
	616	+	(6) A MEETING OF THE GOVER NING BODY HELD BY ELECTRONIC 24
	617	+	TRANSMISSION MAY BE HELD ONLY IN ACCORDA NCE WITH § 11–109 OF THIS TITLE. 25
	618	+
	619	+	(b) Any unit owner, board member, or committee member attending a meeting by 26
	620	+	telephone conference, video conference, or similar electronic means shall be deemed present 27
	621	+	for quorum and voting purposes. 28
	622	+
	623	+	(c) (1) (i) Any matter requiring a vote of the council of unit owners may be 29
	624	+	set by the board of directors for a vote at the meeting, and a ballot may be delivered to unit 30
	625	+	owners with notice of the meeting. 31
	626	+	14 HOUSE BILL 705
	627	+
	628	+
	629	+	(ii) Only those unit owners present during the telephone conference, 1
	630	+	video conference, or similar electronic meeting shall be authorized to vote by ballot in 2
	631	+	accordance with this subsection. 3
	632	+
	633	+	(iii) Unit owners who are not present at the meeting may: 4
	634	+
	635	+	1. Vote by proxy in accordance with the requirements of the 5
	636	+	governing documents and this title; and 6
	637	+
	638	+	2. Be considered present for quorum purposes through their 7
	639	+	proxy. 8
	640	+
	641	+	(2) (i) The board of directors may set a reasonable deadline for return 9
	642	+	of a ballot to the council of unit owners, including return by electronic transmission. 10
	643	+
	644	+	(ii) The deadline for return of the ballot shall be not later than 24 11
	645	+	hours after the conclusion of the meeting. 12
	646	+
	647	+	(d) Notwithstanding language contained in the governing documents of the 13
	648	+	council of unit owners, nominations from the floor at the meeting are not required if at least 14
	649	+	one candidate has been nominated to fill each open board position. 15
	650	+
	651	+	(e) The inability of a unit owner to join a meeting due to technical difficulties with 16
	652	+	the unit owner’s telephone, computer, or other electronic device does not invalidate the 17
	653	+	meeting or any action taken at the meeting. 18
	654	+
	655	+	11B–111. 19
	656	+
	657	+	Except as provided in this title, and notwithstanding anything contained in any of 20
	658	+	the documents of the homeowners association: 21
	659	+
	660	+	(1) Subject to the provisions of item (4) of this section, all meetings of the 22
	661	+	homeowners association, including meetings of the board of directors or other governing 23
	662	+	body of the homeowners association or a committee of the homeowners association, shall 24
	663	+	be open to all members of the homeowners association or their agents; 25
	664	+
	665	+	(2) All members of the homeowners association shall be given reasonable 26
	666	+	notice of all regularly scheduled open meetings of the homeowners association; 27
	667	+
	668	+	(3) (i) This item does not apply to any meeting of a governing body that 28
	669	+	occurs at any time before the lot owners, other than the developer, have a majority of votes 29
	670	+	in the homeowners association, as provided in the declaration; 30
	671	+
	672	+	(ii) Subject to item (iii) of this item and to reasonable rules adopted 31
	673	+	by a governing body, a governing body shall provide a designated period of time during a 32
	674	+	meeting to allow lot owners an opportunity to comment on any matter relating to the 33
	675	+	homeowners association; 34 HOUSE BILL 705 15
389	676
390	677
391	678
392		-	(15) ~~Unless otherwise provided in this title,~~ ~~and subject~~ to ~~provisions in the~~ 1
393		-	~~bylaws requiring~~ a ~~different majority~~, ~~decisions of~~ the ~~council of unit~~ owners ~~shall~~ be ~~made~~ 2
394		-	~~on a majority of votes of the unit owners listed on the current roster present~~ and ~~voting.~~ 3
	679	+	(iii) During a meeting at which the agenda is limited to specific topics 1
	680	+	or at a special meeting, the lot owners’ comments may be limited to the topics listed on the 2
	681	+	meeting agenda; and 3
395	682
396		-	(16) (i) A meeting of the council of unit owners to elect a board of 4
397		-	directors for the council of unit owners, as provided in the condominium declaration or 5
398		-	bylaws, shall be held within: 6
	683	+	(iv) The governing body shall convene at least one meeting each year 4
	684	+	at which the agenda is open to any matter relating to the homeowners association; 5
399	685
400		-	~~1. 60 days from~~ the ~~date that units representing 50 percent 7~~
401		-	~~of the votes in the condominium have been conveyed by the developer to members~~ of the 8
402		-	~~public~~ for ~~residential~~ purposes~~; or 9~~
	686	+	(4) A meeting of the board of directors or other governing body of the 6
	687	+	homeowners association or a committee of the homeowners association may be held in 7
	688	+	closed session only for the following purposes: 8
403	689
404		-	2. If a lesser percentage is specified in the declaration or 10
405		-	bylaws of the condominium, 60 days from the date the specified lesser percentage of units 11
406		-	in the condominium are sold to members of the public for residential purposes. 12
	690	+	(i) Discussion of matters pertaining to employees and personnel; 9
407	691
408		-	(ii) 1. Before the date of the meeting held under subparagraph 13
409		-	(i) of this paragraph, the developer shall deliver to each unit owner notice that the 14
410		-	requirements of subparagraph (i) of this paragraph have been met. 15
	692	+	(ii) Protection of the privacy or reputation of individuals in matters 10
	693	+	not related to the homeowners association’s business; 11
411	694
412		-	2. The notice shall include the date, time, and place of the 16
413		-	meeting to elect the board of directors for the council of unit owners. 17
	695	+	(iii) Consultation with legal counsel on legal matters; 12
414	696
415		-	(~~iii~~) ~~If a replacement~~ board ~~member is elected, the term of each 18~~
416		-	~~member of the board of directors appointed by the developer shall end 10 days after the 19~~
417		-	~~meeting is held as specified in subparagraph (i) of this paragraph. 20~~
	697	+	(iv) Consultation with staff personnel, consultants, attorneys, board 13
	698	+	members, or other persons in connection with pending or potential litigation or other legal 14
	699	+	matters; 15
418	700
419		-	(iv) Within 30 days from the date of the meeting held under 21
420		-	subparagraph (i) of this paragraph, the developer shall deliver to the officers or board of 22
421		-	directors for the council of unit owners, as provided in the condominium declaration or 23
422		-	bylaws, at the developer’s expense: 24
	701	+	(v) Investigative proceedings concerning possible or actual criminal 16
	702	+	misconduct; 17
423	703
424		-	1. The documents specified in § 11–132 of this title; 25
	704	+	(vi) Consideration of the terms or conditions of a business 18
	705	+	transaction in the negotiation stage if the disclosure could adversely affect the economic 19
	706	+	interests of the homeowners association; 20
425	707
426		-	2. The condominium funds, including operating funds, 26
427		-	replacement reserves, investment accounts, and working capital; 27
	708	+	(vii) Compliance with a specific constitutional, statutory, or judicially 21
	709	+	imposed requirement protecting particular proceedings or matters from public disclosure; 22
	710	+	or 23
428	711
429		-	~~3. The tangible property~~ of ~~the condominium~~; ~~and 28~~
	712	+	(viii) Discussion of individual owner assessment accounts; 24
430	713
431		-	4. A roster of current unit owners, including mailing 29
432		-	addresses, telephone numbers, and unit numbers, if known. 30
	714	+	(5) If a meeting is held in closed session under item (4) of this section: 25
433	715
434		-	(v) The replacement reserves delivered under subparagraph (iv)2 of 31
435		-	this paragraph for a residential condominium shall be equal to at least the reserve funding 32
436		-	amount recommended in the reserve study completed under § 11–109.4 of this title as of 33
437		-	the date of the meeting. 34 10 HOUSE BILL 705
	716	+	(i) An action may not be taken and a matter may not be discussed if 26
	717	+	it is not permitted by item (4) of this section; and 27
	718	+
	719	+	(ii) A statement of the time, place, and purpose of a closed meeting, 28
	720	+	the record of the vote of each board or committee member by which the meeting was closed, 29
	721	+	and the authority under this section for closing a meeting shall be included in the minutes 30
	722	+	of the next meeting of the board of directors or the committee of the homeowners 31
	723	+	association; and 32
	724	+	16 HOUSE BILL 705
438	725
439	726
	727	+	(6) (i) If the number of lot owners present in person or by proxy at a 1
	728	+	properly called meeting is insufficient to constitute a quorum, an additional meeting of the 2
	729	+	lot owners may be called for the same purpose if: 3
440	730
441		-	(vi) 1. This subparagraph does not apply to a contract entered 1
442		-	into before October 1, 2009. 2
	731	+	1. The notice of the initial properly called meeting stated: 4
443	732
444		-	2. A. In this subparagraph, “contract” means an 3
445		-	agreement with a company or individual to handle financial matters, maintenance, or 4
446		-	services for the condominium. 5
	733	+	A. That the procedure authorized by this item (6) might be 5
	734	+	invoked; and 6
447	735
448		-	B. “Contract” does not include an agreement relating to the 6
449		-	provision of utility services or communication systems. 7
	736	+	B. The date, time, and place of the additional meeting; and 7
450	737
451		-	3. Until all members of the board of directors of the 8
452		-	condominium are elected by the unit owners at a transitional meeting as specified in 9
453		-	subparagraph (i) of this paragraph, a contract entered into by the officers or board of 10
454		-	directors of the condominium may be terminated, at the discretion of the board of directors 11
455		-	and without liability for the termination, not later than 30 days after notice. 12
	738	+	2. A majority of the lot owners present vote in person or by 8
	739	+	proxy to call for the additional meeting; 9
456	740
457		-	(vii) If the developer fails to comply with the requirements of this 13
458		-	paragraph, an aggrieved unit owner may submit the dispute to the Division of Consumer 14
459		-	Protection of the Office of the Attorney General under § 11–130(c) of this title. 15
	741	+	(ii) An additional meeting called under item (i) of this item shall 10
	742	+	occur not less than 15 days after the initial properly called meeting; 11
460	743
461		-	(d) The council of unit owners may be either incorporated as a nonstock 16
462		-	corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of 17
463		-	the Corporations and Associations Article which are not inconsistent with this title. The 18
464		-	council of unit owners has, subject to any provision of this title, and except as provided in 19
465		-	item (22) of this subsection, the declaration, and bylaws, the following powers: 20
	744	+	(iii) 1. Not less than 10 days before the additional meeting, a 12
	745	+	separate and distinct notice of the date, time, place, and purpose of the additional meeting 13
	746	+	called under item (i) of this item shall be: 14
466	747
467		-	(1) To have perpetual existence, subject to the right of the unit owners to 21
468		-	terminate the condominium regime as provided in § 11–123 of this title; 22
	748	+	A. Delivered, mailed, or sent by electronic transmission, if 15
	749	+	the requirements of § 11B–113.1 of this title are met, to each lot owner at the address shown 16
	750	+	on the roster maintained by the homeowners association; 17
469	751
470		-	(2) To adopt and amend reasonable rules and regulations; 23
	752	+	B. Advertised in a newspaper published in the county where 18
	753	+	the homeowners association is located; or 19
471	754
472		-	~~(3) To adopt and amend budgets for revenues~~, ~~expenditures, and reserves 24~~
473		-	and ~~collect assessments for common expenses from unit owners; 25~~
	755	+	C. If the homeowners association has a website, posted on the 20
	756	+	homepage of the website; and 21
474	757
475		-	(4) To sue and be sued, complain and defend, or intervene in litigation or 26
476		-	administrative proceedings in its own name on behalf of itself or two or more unit owners 27
477		-	on matters affecting the condominium; 28
	758	+	2. The notice shall contain the quorum and voting provisions 22
	759	+	of item (iv) of this item; 23
478	760
479		-	(5) To transact its business, carry on its operations and exercise the powers 29
480		-	provided in this subsection in any state, territory, district, or possession of the United 30
481		-	States and in any foreign country; 31
	761	+	(iv) 1. At the additional meeting, the lot owners present in 24
	762	+	person or by proxy constitute a quorum; and 25
482	763
483		-	(6) To make contracts and guarantees, incur liabilities and borrow money, 32
484		-	sell, mortgage, lease, pledge, exchange, convey, transfer, and otherwise dispose of any part 33
485		-	of its property and assets; 34
486		-	HOUSE BILL 705 11
	764	+	2. Unless the bylaws provide otherwise, a majority of the lot 26
	765	+	owners present in person or by proxy: 27
487	766
	767	+	A. May approve or authorize the proposed action at the 28
	768	+	additional meeting; and 29
488	769
489		-	(7) To issue bonds, notes, and other obligations and secure the same by 1
490		-	mortgage or deed of trust of any part of its property, franchises, and income; 2
491		-
492		-	(8) To acquire by purchase or in any other manner, to take, receive, own, 3
493		-	hold, use, employ, improve, and otherwise deal with any property, real or personal, or any 4
494		-	interest therein, wherever located; 5
495		-
496		-	(9) To hire and terminate managing agents and other employees, agents, 6
497		-	and independent contractors; 7
498		-
499		-	(10) To purchase, take, receive, subscribe for or otherwise acquire, own, 8
500		-	hold, vote, use, employ, sell, mortgage, loan, pledge or otherwise dispose of, and otherwise 9
501		-	use and deal in and with, shares or other interests in, or obligation of corporations of the 10
502		-	State, or foreign corporations, and of associations, partnerships, and individuals; 11
503		-
504		-	(11) To invest its funds and to lend money in any manner appropriate to 12
505		-	enable it to carry on the operations or to fulfill the purposes named in the declaration or 13
506		-	bylaws, and to take and to hold real and personal property as security for the payment of 14
507		-	funds so invested or loaned; 15
508		-
509		-	(12) To regulate the use, maintena nce, repair, replacement, and 16
510		-	modification of common elements; 17
511		-
512		-	(13) To cause additional improvements to be made as a part of the general 18
513		-	common elements; 19
514		-
515		-	(14) To grant easements, rights–of–way, licenses, leases in excess of 1 year, 20
516		-	or similar interests through or over the common elements in accordance with § 11–125(f) 21
517		-	of this title; 22
518		-
519		-	(15) To impose and receive any payments, fees, or charges for the use, rental, 23
520		-	or operation of the common elements other than limited common elements; 24
521		-
522		-	(16) To impose charges for late payment of assessments and, after notice 25
523		-	and an opportunity to be heard, levy reasonable fines for violations of the declaration, 26
524		-	bylaws, and rules and regulations of the council of unit owners, under § 11–113 of this title; 27
525		-
526		-	(17) To impose reasonable charges for the preparation and recordation of 28
527		-	amendments to the declaration, bylaws, rules, regulations, or resolutions, resale 29
528		-	certificates, or statements of unpaid assessments; 30
529		-
530		-	(18) To provide for the indemnification of and maintain liability insurance 31
531		-	for officers, directors, and any managing agent or other employee charged with the 32
532		-	operation or maintenance of the condominium; 33
533		-
534		-	(19) To enforce the implied warranties made to the council of unit owners by 34
535		-	the developer under § 11–131 of this title; 35 12 HOUSE BILL 705
536		-
537		-
538		-
539		-	(20) To enforce the provisions of this title, the declaration, bylaws, and rules 1
540		-	and regulations of the council of unit owners against any unit owner or occupant; 2
541		-
542		-	(21) Generally, to exercise the powers set forth in this title and the 3
543		-	declaration or bylaws and to do every other act not inconsistent with law, which may be 4
544		-	appropriate to promote and attain the purposes set forth in this title, the declaration or 5
545		-	bylaws; and 6
546		-
547		-	(22) To designate parking for individuals with disabilities, notwithstanding 7
548		-	any provision in the declaration, bylaws, or rules and regulations. 8
549		-
550		-	(e) A unit owner may not have any right, title, or interest in any property owned 9
551		-	by the council of unit owners other than as holder of a percentage interest in common 10
552		-	expenses and common profits appurtenant to his unit. 11
553		-
554		-	(f) A unit owner’s rights as holder of a percentage interest in common expenses 12
555		-	and common profits are such that: 13
556		-
557		-	(1) A unit owner’s right to possess, use, or enjoy property of the council of 14
558		-	unit owners shall be as provided in the bylaws; and 15
559		-
560		-	(2) A unit owner’s interest in the property is not assignable or attachable 16
561		-	separate from his unit except as provided in §§ 11–107(d) and 11–112(g) of this title. 17
562		-
563		-	11–139.3. 18
564		-
565		-	(a) (1) Notwithstanding language contained in the governing documents of the 19
566		-	council of unit owners, the board of directors may authorize any meetings of the council of 20
567		-	unit owners, the board of directors, or a committee of the council of unit owners or the board 21
568		-	of directors to be conducted or attended by telephone conference, video conference, or 22
569		-	similar electronic means. 23
570		-
571		-	(2) If a meeting is conducted by telephone conference, video conference, or 24
572		-	similar electronic means[, the]: 25
573		-
574		-	(I) THE equipment or system used must permit any unit owner, 26
575		-	board member, or committee member in attendance to hear and be heard by all others 27
576		-	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 28
577		-
578		-	(II) THE PERSON CONDUCTING THE MEETING SHALL ALLOW 29
579		-	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 30
580		-
581		-	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 31
582		-	MEETING; AND 32
583		-	HOUSE BILL 705 13
584		-
585		-
586		-	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 1
587		-	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 2
588		-
589		-	(III) PROVIDED THAT ALL PAR TICIPANTS ARE GRANTED T HE 3
590		-	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 4
591		-	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 5
592		-
593		-	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 6
594		-	CONDUCTING BUSINESS ; 7
595		-
596		-	2. DURING PRESENTATIONS ; AND 8
597		-
598		-	3. TO AVOID INTERFERENCE FROM BACKGROUND 9
599		-	NOISE; AND 10
600		-
601		-	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 11
602		-	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 12
603		-	PERSON’S DESIGNEE MAY : 13
604		-
605		-	1. REVOKE THE ABILITY FO R THE PARTICIPANT TO 14
606		-	UNMUTE; AND 15
607		-
608		-	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 16
609		-	MEETING AFTER WARNIN G THE PARTICIPANT . 17
610		-
611		-	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 18
612		-	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 19
613		-	CHAT FUNCTION . 20
614		-
615		-	(4) A link or instructions on how to access the meeting by telephone 21
616		-	conference, video conference, or similar electronic means shall be included in the notice of 22
617		-	the meeting. 23
618		-
619		-	[(4)] (5) No specific authorization from unit owners shall be required to 24
620		-	hold a meeting electronically. 25
621		-
622		-	(6) A MEETING OF THE GOVER NING BODY HELD BY ELECTRONIC 26
623		-	TRANSMISSION MAY BE HELD ONLY IN ACCORDA NCE WITH § 11–109 OF THIS TITLE. 27
624		-
625		-	(b) Any unit owner, board member, or committee member attending a meeting by 28
626		-	telephone conference, video conference, or similar electronic means shall be deemed present 29
627		-	for quorum and voting purposes. 30
628		-	14 HOUSE BILL 705
629		-
630		-
631		-	(c) (1) (i) Any matter requiring a vote of the council of unit owners may be 1
632		-	set by the board of directors for a vote at the meeting, and a ballot may be delivered to unit 2
633		-	owners with notice of the meeting. 3
634		-
635		-	(ii) Only those unit owners present during the telephone conference, 4
636		-	video conference, or similar electronic meeting shall be authorized to vote by ballot in 5
637		-	accordance with this subsection. 6
638		-
639		-	(iii) Unit owners who are not present at the meeting may: 7
640		-
641		-	1. Vote by proxy in accordance with the requirements of the 8
642		-	governing documents and this title; and 9
643		-
644		-	2. Be considered present for quorum purposes through their 10
645		-	proxy. 11
646		-
647		-	(2) (i) The board of directors may set a reasonable deadline for return 12
648		-	of a ballot to the council of unit owners, including return by electronic transmission. 13
649		-
650		-	(ii) The deadline for return of the ballot shall be not later than 24 14
651		-	hours after the conclusion of the meeting. 15
652		-
653		-	(d) Notwithstanding language contained in the governing documents of the 16
654		-	council of unit owners, nominations from the floor at the meeting are not required if at least 17
655		-	one candidate has been nominated to fill each open board position. 18
656		-
657		-	(e) The inability of a unit owner to join a meeting due to technical difficulties with 19
658		-	the unit owner’s telephone, computer, or other electronic device does not invalidate the 20
659		-	meeting or any action taken at the meeting. 21
660		-
661		-	11B–111. 22
662		-
663		-	Except as provided in this title, and notwithstanding anything contained in any of 23
664		-	the documents of the homeowners association: 24
665		-
666		-	(1) Subject to the provisions of item (4) of this section, all meetings of the 25
667		-	homeowners association, including meetings of the board of directors or other governing 26
668		-	body of the homeowners association or a committee of the homeowners association, shall 27
669		-	be open to all members of the homeowners association or their agents; 28
670		-
671		-	(2) All members of the homeowners association shall be given reasonable 29
672		-	notice of all regularly scheduled open meetings of the homeowners association; 30
673		-
674		-	(3) (i) This item does not apply to any meeting of a governing body that 31
675		-	occurs at any time before the lot owners, other than the developer, have a majority of votes 32
676		-	in the homeowners association, as provided in the declaration; 33
677		-	HOUSE BILL 705 15
678		-
679		-
680		-	(ii) Subject to item (iii) of this item and to reasonable rules adopted 1
681		-	by a governing body, a governing body shall provide a designated period of time during a 2
682		-	meeting to allow lot owners an opportunity to comment on any matter relating to the 3
683		-	homeowners association; 4
684		-
685		-	(iii) During a meeting at which the agenda is limited to specific topics 5
686		-	or at a special meeting, the lot owners’ comments may be limited to the topics listed on the 6
687		-	meeting agenda; and 7
688		-
689		-	(iv) The governing body shall convene at least one meeting each year 8
690		-	at which the agenda is open to any matter relating to the homeowners association; 9
691		-
692		-	(4) A meeting of the board of directors or other governing body of the 10
693		-	homeowners association or a committee of the homeowners association may be held in 11
694		-	closed session only for the following purposes: 12
695		-
696		-	(i) Discussion of matters pertaining to employees and personnel; 13
697		-
698		-	(ii) Protection of the privacy or reputation of individuals in matters 14
699		-	not related to the homeowners association’s business; 15
700		-
701		-	(iii) Consultation with legal counsel on legal matters; 16
702		-
703		-	(iv) Consultation with staff personnel, consultants, attorneys, board 17
704		-	members, or other persons in connection with pending or potential litigation or other legal 18
705		-	matters; 19
706		-
707		-	(v) Investigative proceedings concerning possible or actual criminal 20
708		-	misconduct; 21
709		-
710		-	(vi) Consideration of the terms or conditions of a business 22
711		-	transaction in the negotiation stage if the disclosure could adversely affect the economic 23
712		-	interests of the homeowners association; 24
713		-
714		-	(vii) Compliance with a specific constitutional, statutory, or judicially 25
715		-	imposed requirement protecting particular proceedings or matters from public disclosure; 26
716		-	or 27
717		-
718		-	(viii) Discussion of individual owner assessment accounts; 28
719		-
720		-	(5) If a meeting is held in closed session under item (4) of this section: 29
721		-
722		-	(i) An action may not be taken and a matter may not be discussed if 30
723		-	it is not permitted by item (4) of this section; and 31
724		-
725		-	(ii) A statement of the time, place, and purpose of a closed meeting, 32
726		-	the record of the vote of each board or committee member by which the meeting was closed, 33 16 HOUSE BILL 705
727		-
728		-
729		-	and the authority under this section for closing a meeting shall be included in the minutes 1
730		-	of the next meeting of the board of directors or the committee of the homeowners 2
731		-	association; and 3
732		-
733		-	(6) (i) If the number of lot owners present in person or by proxy at a 4
734		-	properly called meeting is insufficient to constitute a quorum, an additional meeting of the 5
735		-	lot owners may be called for the same purpose if: 6
736		-
737		-	1. The notice of the initial properly called meeting stated: 7
738		-
739		-	A. That the procedure authorized by this item (6) might be 8
740		-	invoked; and 9
741		-
742		-	B. The date, time, and place of the additional meeting; and 10
743		-
744		-	2. A majority of the lot owners present vote in person or by 11
745		-	proxy to call for the additional meeting; 12
746		-
747		-	(ii) An additional meeting called under item (i) of this item shall 13
748		-	occur not less than 15 days after the initial properly called meeting; 14
749		-
750		-	(iii) 1. Not less than 10 days before the additional meeting, a 15
751		-	separate and distinct notice of the date, time, place, and purpose of the additional meeting 16
752		-	called under item (i) of this item shall be: 17
753		-
754		-	A. Delivered, mailed, or sent by electronic transmission, if 18
755		-	the requirements of § 11B–113.1 of this title are met, to each lot owner at the address shown 19
756		-	on the roster maintained by the homeowners association; 20
757		-
758		-	B. Advertised in a newspaper published in the county where 21
759		-	the homeowners association is located; or 22
760		-
761		-	C. If the homeowners association has a website, posted on the 23
762		-	homepage of the website; and 24
763		-
764		-	2. The notice shall contain the quorum and voting provisions 25
765		-	of item (iv) of this item; 26
766		-
767		-	(iv) 1. At the additional meeting, the lot owners present in 27
768		-	person or by proxy constitute a quorum; and 28
769		-
770		-	2. Unless the bylaws provide otherwise, a majority of the lot 29
771		-	owners present in person or by proxy: 30
772		-
773		-	A. May approve or authorize the proposed action at the 31
774		-	additional meeting; and 32
	770	+	B. May take any other action that could have been taken at 30
	771	+	the original meeting if a sufficient number of lot owners had been present; and 31
775	772		HOUSE BILL 705 17
776	773
777	774
778		-	B. May take any other action that could have been taken at 1
779		-	the original meeting if a sufficient number of lot owners had been present; and 2
	775	+	(v) This item (6) may not be construed to affect the percentage of 1
	776	+	votes required to amend the declaration or bylaws or to take any other action required to 2
	777	+	be taken by a specified percentage of votes. 3
780	778
781		-	(v) This item (6) may not be construed to affect the percentage of 3
782		-	votes required to amend the declaration or bylaws or to take any other action required to 4
783		-	be taken by a specified percentage of votes. 5
	779	+	11B–113.6. 4
784	780
785		-	11B–113.6. 6
	781	+	(a) (1) Notwithstanding language contained in the governing documents of the 5
	782	+	homeowners association, the governing body may authorize meetings of the homeowners 6
	783	+	association, the governing body, or a committee of the homeowners association to be 7
	784	+	conducted or attended by telephone conference, video conference, or similar electronic 8
	785	+	means. 9
786	786
787		-	(a) (1) Notwithstanding language contained in the governing documents of the 7
788		-	homeowners association, the governing body may authorize meetings of the homeowners 8
789		-	association, the governing body, or a committee of the homeowners association to be 9
790		-	conducted or attended by telephone conference, video conference, or similar electronic 10
791		-	means. 11
	787	+	(2) If a meeting is conducted by telephone conference, video conference, or 10
	788	+	similar electronic means[, the]: 11
792	789
793		-	(2) If a meeting is conducted by telephone conference, video conference, or 12
794		-	similar electronic means[, the]: 13
	790	+	(I) THE equipment or system used must permit any lot owner, board 12
	791	+	member, or committee member in attendance to hear and be heard by all others 13
	792	+	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 14
795	793
796		-	(I) THE equipment or system used must permit any lot owner, board 14
797		-	member, or committee member in attendance to hear and be heard by all others 15
798		-	participating in the meeting IN ACCORDANCE WITH T HE GOVERNING DOCUMEN TS; 16
	794	+	(II) THE PERSO N CONDUCTING THE MEE TING SHALL ALLOW 15
	795	+	ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO: 16
799	796
800		-	~~(II) THE PERSON CONDUCTING THE MEETING SHALL AL LOW~~ 17
801		-	~~ALL PARTICIPANTS A R EASONABLE OPPORTUNIT Y TO:~~ 18
	797	+	1. BE HEARD BY ALL OTHER S PARTICIPATING IN T HE 17
	798	+	MEETING; AND 18
802	799
803		-	1. ~~BE HEARD BY ALL OTHER~~ S ~~PARTICIPATING IN T HE~~ 19
804		-	MEETING; ~~AND~~ 20
	800	+	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 19
	801	+	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 20
805	802
806		-	2. PARTICIPATE IN THE MEETING TO THE S AME EXTENT 21
807		-	AS IF THE MEETING WE RE CONDUCTED IN PERS ON; 22
	803	+	(III) PROVIDED THAT ALL PAR TICIPANTS ARE GRANTE D THE 21
	804	+	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 22
	805	+	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 23
808	806
809		-	(III) PROVIDED THAT ALL PARTICIPANT S ARE GRANTED THE 23
810		-	ABILITY TO UNMUTE TH EMSELVES, THE PERSON CONDUCTIN G THE MEETING OR 24
811		-	THE PERSON’S DESIGNEE MAY MUTE ALL PARTICIPANTS : 25
	807	+	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 24
	808	+	CONDUCTING BUSINESS ; 25
812	809
813		-	1. WHILE THE GOVERNING B ODY OR ITS DESIGNEE IS 26
814		-	CONDUCTING BUSINESS ; 27
	810	+	2. DURING PRES ENTATIONS; AND 26
815	811
816		-	2. DURING PRESENTATIONS ; AND 28
	812	+	3. TO AVOID INTERFERENCE FROM BACKGROUND 27
	813	+	NOISE; AND 28
817	814
818		-	3. TO AVOID INTERFERENCE FROM BACKGROUND 29
819		-	NOISE; AND 30
	815	+	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 29
	816	+	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 30
	817	+	PERSON’S DESIGNEE MAY : 31
820	818		18 HOUSE BILL 705
821	819
822	820
823		-	(IV) IF A PARTICIPANT INTE RFERES IN THE ABILIT Y TO 1
824		-	CONDUCT THE MEETING , THE PERSON CONDUCTIN G THE MEETING OR THE 2
825		-	PERSON’S DESIGNEE MAY : 3
	821	+	1. REVOKE THE ABILITY FO R THE PARTICIP ANT TO 1
	822	+	UNMUTE; AND 2
826	823
827		-	1. ~~REVOKE~~ THE ~~ABILITY FO R~~ THE ~~PARTICIPANT TO 4~~
828		-	~~UNMUTE; AND 5~~
	824	+	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 3
	825	+	MEETING AFTER WARNIN G THE PARTICIPANT . 4
829	826
830		-	2. IF NECESSARY, REMOVE THE PARTICIPA NT FROM THE 6
831		-	MEETING AFTER WARNIN G THE PARTICIPANT . 7
	827	+	(3) IF A MEETING IS CONDU CTED BY VIDEO CONFER ENCE OR SIMILAR 5
	828	+	ELECTRONIC MEANS , ALL PARTICIPANTS SHALL HAVE THE SAME ACCESS TO ANY 6
	829	+	CHAT FUNCTION. 7
832	830
833		-	(3) IF A MEETING ~~IS CONDU CTED~~ BY ~~VIDEO CONFER ENCE OR SIMILAR~~ 8
834		-	ELECTRONIC MEANS ~~, ALL PARTICIPANTS~~ SHALL ~~HAVE~~ THE ~~SAME ACCESS TO ANY~~ 9
835		-	~~CHAT FUNCTION~~ . 10
	831	+	(4) A link or instructions on how to access the meeting by telephone 8
	832	+	conference, video conference, or similar electronic means shall be included in the notice of 9
	833	+	the meeting. 10
836	834
837		-	(4) A link or instructions on how to access the meeting by telephone 11
838		-	conference, video conference, or similar electronic means shall be included in the notice of 12
839		-	the meeting. 13
	835	+	[(4)] (5) No specific authorization from lot owners shall be required to 11
	836	+	hold a meeting electronically. 12
840	837
841		-	~~[(4)]~~ (5) ~~No specific authorization from lot owners shall be required to 14~~
842		-	~~hold a meeting electronically~~. 15
	838	+	(6) A MEETING OF THE GOVER NING BODY HELD BY ELECTRONIC 13
	839	+	TRANSMISSION MAY BE HELD ONLY IN ACCORDA NCE WITH § 11B–111 OF THIS TITLE. 14
843	840
844		-	(6) A MEETING OF THE GOVER NING BODY HELD BY ELECTRONIC 16
845		-	TRANSMISSION MAY BE HELD ONLY IN ACCORDA NCE WITH § 11B–111 OF THIS TITLE. 17
	841	+	(b) Any lot owner, board member, or committee member attending a meeting by 15
	842	+	telephone conference, video conference, or similar electronic means shall be deemed present 16
	843	+	for quorum and voting purposes. 17
846	844
847		-	(b) Any ~~lot owner, board member, or committee member attending~~ a ~~meeting by~~ 18
848		-	~~telephone conference~~, ~~video conference,~~ ~~or similar electronic means shall~~ be ~~deemed present~~ 19
849		-	~~for quorum and voting purposes~~. 20
	845	+	(c) (1) (i) Any matter requiring a vote of the homeowners association may 18
	846	+	be set by the governing body for a vote at the meeting, and a ballot may be delivered to 19
	847	+	members with notice of the meeting. 20
850	848
851		-	(c) ~~(1) (i) Any matter requiring a vote of~~ the ~~homeowners association may~~ 21
852		-	be ~~set by the governing body for a~~ vote ~~at the meeting, and~~ a ballot ~~may be delivered to~~ 22
853		-	~~members~~ with ~~notice of the meeting~~. 23
	849	+	(ii) Only those lot owners present during the telephone conference, 21
	850	+	video conference, or similar electronic meeting shall be authorized to vote a ballot in 22
	851	+	accordance with this subsection. 23
854	852
855		-	(ii) Only those lot owners present during the telephone conference, 24
856		-	video conference, or similar electronic meeting shall be authorized to vote a ballot in 25
857		-	accordance with this subsection. 26
	853	+	(iii) Lot owners who are not present at the meeting may: 24
858	854
859		-	(iii) Lot owners who are not present at the meeting may: 27
	855	+	1. Vote by proxy in accordance with the requirements of the 25
	856	+	governing documents and this title; and 26
860	857
861		-	1. ~~Vote by proxy in accordance with the requirements of the 28~~
862		-	~~governing documents and this title; and 29~~
	858	+	2. Be considered present for quorum purposes through their 27
	859	+	proxy. 28
863	860
864		-	2~~. Be considered present~~ for ~~quorum purposes through their 30~~
865		-	~~proxy~~. 31
	861	+	(2) (i) The governing body may set a reasonable deadline for return of 29
	862	+	a ballot to the homeowners association, including return by electronic transmission. 30
866	863
867		-	(2) (i) The governing body may set a reasonable deadline for return of 32
868		-	a ballot to the homeowners association, including return by electronic transmission. 33 HOUSE BILL 705 19
	864	+	(ii) The deadline for return of the ballot shall be not later than 24 31
	865	+	hours after the conclusion of the meeting. 32
	866	+	HOUSE BILL 705 19
869	867
870	868
	869	+	(d) Notwithstanding language contained in the governing documents of the 1
	870	+	homeowners association, nominations from the floor at the meeting are not required if at 2
	871	+	least one candidate has been nominated to fill each open position in the governing body. 3
871	872
872		-	(ii) The deadline for return of the ballot shall be not later than 24 1
873		-	hours after the conclusion of the meeting. 2
	873	+	(e) The inability of a lot owner to join a meeting due to technical difficulties with 4
	874	+	the lot owner’s telephone, computer, or other electronic device does not invalidate the 5
	875	+	meeting or any action taken at the meeting. 6
874	876
875		-	(d) Notwithstanding language contained in the governing documents of the 3
876		-	homeowners association, nominations from the floor at the meeting are not required if at 4
877		-	least one candidate has been nominated to fill each open position in the governing body. 5
878		-
879		-	(e) The inability of a lot owner to join a meeting due to technical difficulties with 6
880		-	the lot owner’s telephone, computer, or other electronic device does not invalidate the 7
881		-	meeting or any action taken at the meeting. 8
882		-
883		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Ac t shall take effect 9
884		-	October 1, 2024. 10
	877	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
	878	+	October 1, 2024. 8
885	879
886	880
887		-
888		-
889		-	Approved:
890		-	________________________________________________________________________________
891		-	Governor.
892		-	________________________________________________________________________________
893		-	Speaker of the House of Delegates.
894		-	________________________________________________________________________________
895		-	President of the Senate.