Adams Stirling PLC
  California's Leader in Community Association Law November 30, 2021

I received a number of questions about continuing Zoom meetings after the pandemic is over. It turns out many associations like virtual meetings because of their convenience and greater member participation.

For those who want to continue video conferencing, following is what you need to know about a change in the law affecting current meetings.

Change in the Law. Senate Bill 391 became Civil Code § 5450. The new statute made changes to how virtual meetings are currently being conducted. Because the bill was deemed “urgency legislation," the following changes went into effect when the bill was signed into law on September 23, 2021. To summarize, during a declared state of disaster or emergency, associations can dispense with meeting in a physical location provided they do the following:

1. Individual Notice. Notice of the first meeting held virtually must be delivered to members by individual delivery. If mail delivery is not possible, the association must send the notice to any email address provided to the association by that member, in writing. [We are well past this requirement since the first virtual meetings began last year.]

2. Meeting Instructions. Notice of meetings must provide clear instructions on how members can participate in the teleconference (a link for logging into the meeting and a phone number for members who wish to participate by telephone, since some members might not have access to the internet for videoconferencing.)

3. Technical Assistance. Each notice of meeting must provide the phone number and email address of a person who can assist members with technical problems before and during the meeting.

4. Roll Call Vote. Directors may continue to make motions and hold discussions as they would at an in-person meeting. However, voting must be conducted by a roll call vote where each director is called by name and his/her vote recorded individually.

5. Annual Meetings. For annual meetings, a camera must be placed so members can witness the inspector of elections counting votes.

After the Pandemic. Once the pandemic is officially over (sometime in 2035), associations may continue holding Zoom meetings. The only change is the requirement that the notice of meeting identify a physical location where members can attend with at least one director or person designated by the board present at that location. (Civ. Code § 4090.) A conference phone or laptop or similar device will need to be set up so those physically attending can hear the virtual meeting and participate during Open Forum.

RECOMMENDATION: Once the current emergency is over, boards are not required to (i) 
include instructions for logging into Zoom meetings, (ii) provide a contact person for technical assistance, or (iii) conduct roll call voting. Even so, these should be considered best practices and followed whenever virtual meetings are conducted.
We are proud to announce that Nathan McGuire, managing partner of the Northern California offices of ADAMS|STIRLING has been admitted to CAI’s College of Community Association Lawyers (CCAL).

As a Fellow of the College, Nathan joins a prestigious group of CAI member attorneys who have distinguished themselves through contributions to community association law and committed themselves to high standards of ethical conduct.

More than 4,000 lawyers practice community association law in the United States, yet fewer than 175 attorneys nationwide can distinguish themselves as CCAL Fellows. Join us in congratulating Nathan on this remarkable achievement! Click here to send Nathan a message.
ABCs of HOAs

Adrian Adams will be speaking at an annual educational event hosted by HOA Organizers, Inc. and open to all board members.

In addition to year-end legal updates by Adrian, Neda Nehouray will cover board strategic planning; Aaron Antis will discuss preventive maintenance and material shortages; Steve Roseman will provide insights on emergency and regular special assessments; Demetrios Xanthos will offer insurance basics on filing claims; and Sean Kargari will give tips on avoiding the dangers of reserves quicksand.

This free event will be held:
Date:    Saturday, December 11, 2021
Time:   10:30 a.m. to 2:00 p.m.
RSVP:   For a Zoom link, RSVP to HOA Organizers

Next in our series of 2-Minute Videos, we explain when and how HOA boards can adopt and impose emergency rules to protect the membership.

For most associations, the pandemic was the first time emergency rules were adopted. There will be other occasions when they are needed. Our video provides a primer on how it's done.

Videos now under production will address insurance issues that seem to plague associations. They will be rolled out as completed.

Watch: Adopting Emergency Rules

Boards can contact us for friendly,
professional advice.

Adrian J. Adams, Esq
Founder & Managing Partner
DISCLAIMER. Our newsletter provides commentary only, not legal advice. Boards need to retain an attorney to review all the facts and give a legal opinion on the issues they face. We serve as corporate counsel to California associations only. Request a proposal to represent your association.

PAST NEWSLETTERS. Readers can find current and prior year newsletters posted here. Older newsletters are not posted since the information they contain can change over time with new statutes and case law. The website itself is kept updated with current information which can be found via the "Index" or through our website's internal "Google Search" feature.

I join Adrian in inviting you to contact us for your association's legal needs.

Hon. Lawrence W. Stirling, Senior Partner and author of the Davis-Stirling Act

B.M.B. Condominiums
Bay Village
Horizons 4
Mandarin Tower
Modoc Recreational Estates
Monte Vista Villas
Rancho San Rafael
Sterling Pointe Estates
Emergency Rules
Workers Comp Ins
Why HOAs Exist

Preparing Budgets
Adopting Rules
Governing Docs
Emergency Meetings
Virtual Meetings
Four Kinds of CIDs
Fiduciary Duties
Origin of Condo Laws
Conflicts of Interest
Reserve Borrowing

Contact us to amend your governing documents to comply with rent restrictions required by AB 3182.

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