Condo Media - November 2023 - 27

Similar to the temporary COVID-19
measures added to Massachusetts's
Open Meeting Law (which were
recently extended to March 31, 2025,
and allow public bodies such as the
courts and Zoning Board of Appeals to
conduct proceedings remotely), if the
board is going to hold virtual meetings,
it must provide all unit owners with
an " adequate, alternative means " to
attend the same. Failure to do so could,
again, render any decisions made during
a virtual meeting unenforceable.
According to the Commonwealth,
" adequate, alternative means " should
include providing unit owners with
access to meetings through either the
internet or telephone. Platforms like
Zoom likely satisfy these requirements
because unit owners are able to attend
and participate in these meetings
through audio and/or video conferencing.
While some may have diffi culty
joining a meeting virtually through
the use of the internet, these residents
can always call into the meeting on
the phone.
Having said that, the text of the
amendment should not specify which
platforms can be used to host association
meetings. This language becomes
too restrictive. Rather, the amendment
should be drafted broadly so
that boards are able to take advantage
of upgrades and changes to technology.
To ensure the validity of the
business conducted at the meeting,
the amendment should read along the
lines of, " The board of trustees may
conduct the annual and special meetings
of the unit owners electronically
by remote communication and/or by
such other means as may be determined
by the trustees. "
2
ALLOW UNIT OWNERS
TO VOTE ELECTRONICALLY
AND REMOTELY
More importantly, no action or decisions
can be made during a virtual
meeting unless unit owners are able to
vote during the same. Therefore, the
amendment should expressly permit
the submission of electronic ballots
and signatures. In practice, prior to the
annual or special meeting, unit owners
could submit their ballots ahead of
time via email and those votes would
be counted to both establish a quorum
as well as to decide matters to be voted
on at the meeting itself. In particular,
consents to amendments or improvements
which require a unit owner's
signature could simply be submitted
electronically. As boards and property
managers know, many associations cannot
take defi nitive action due to a lack
of unit owner participation. Not only
does allowing unit owners to submit
electronic ballots and signatures enable
the board to conduct meetings virtually,
as a bonus, it may also result in participation
from residents who would not
have otherwise attended the meeting
in-person.
■ DILLON G. BROWN, ESQ.,
IS A JUNIOR PARTNER WITH THE
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November 2023 CONDOMEDIA 27
Condo Media - November 2023

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