Condo Media - January 2021 - 24

MEETING MANDATES

MEETING VIRTUALLY
Brooks considers virtual meetings,
once a matter of convenience, something whose time has been hastened
by the pandemic.
McNabb says as the pandemic began
to take hold throughout the country, the
Brook House Condominium board met
first in person and virtually thereafter
to determine what would be best for the
community in terms of safety and finances and to adopt policies and procedures
accordingly. " These were interesting
meetings because there was no playbook
to work from. We were making decisions
in the interests of our own community's
safety and finances while taking direction from state and federal guidelines. "
Brooks maintains that most condo
documents have not yet caught up with
the need to hold virtual annual meetings.
" Among other things, the bylaws tell you
how to run the association. Under its
coverage of meetings, it describes what a
quorum is, whether proxies can be used,
how an election works, and what the
notice requirements are. But many -
unless they have been recently changed -
do not describe how to have a telephonic
or virtual meeting. "
Recognizing that under the current
circumstances, virtual meetings are the
only option, Brooks' advice is to hold off
on important decisions until a later date
or until the condo documents can be

CONDOMEDIA January 2021

" In a community of 800 units, getting
amended, something that requires
the required percentage to pass a docuthe approval of a supermajority-
ment amendment is daunting. "
i.e, 75 percent of unit owners. " What
McNabb and Brooks agree that bewe're telling clients is not to vote on
yond the question of the legality, there
anything really important - like a
are both advantages and disadvantages
huge expense - because someone
in holding virtual meetings. Without
could challenge that it hadn't been
a doubt, says McNabb, the singular
discussed at a real meeting. "
most important benefit is that there
Although he isn't a lawyer, McNabb
are fewer barriers to participation -
is well familiar with the governing
no fighting traffic to go from the office
documents. Saying " they are silent on
the validity
of votes and
Maintaining order at a meeting means doing
meetings
conducted
the things your mother would tell you to do:
electronically, " and it
" Be polite, respect people's time, and let everyone
is his opinion
" unless your
speak, one at a time, and not for too long. "
governing
to the property or foregoing a meal,
documents specifically prohibit use of
which can now be eaten in front of a
electronic meeting formats, I would
computer - making it easier for ownsay forge ahead. " However, he adds,
ers to volunteer. But Brooks believes
" To be safe, at a future time, I will
the undeniable differences between
advise my board to have some language
traditional and virtual meetings may be
drawn up and ratified to solidify that. "
at the heart of their questionable legitiBrooks says the biggest obstacle to
macy. " The condo documents specify a
amending condominium documents
meeting with a quorum where people
and assuring that virtual meetings can
can vote in attendance or by proxy. But
be conducted legally is all too familiar
how can you determine if there's a quo- getting out the vote. " From a practirum on Zoom, with people turning it on
cal point of view, it's easy enough for
and off, and how would you debate the
a lawyer to draft the amendment. The
issue to be voted on? At an in-person
hard part is getting a supermajority of
meeting, people are talking over each
owners to vote for it. " McNabb agrees.

Condo Media - January 2021

Table of Contents for the Digital Edition of Condo Media - January 2021