Q: It seems our HOA is hiding behind an overused COVID excuse to hold their meetings virtually.
Is there currently a requirement for these meetings to be exclusively virtual? Has such a past law been repealed or expired so that we are back to in-person?Q: until COVID-19, our monthly HOA board meetings were held near the community. Since early 2020, the board meetings have been held via Zoom only. When I inquired about in-person meetings resuming, I was told that it was not something being considered by the board.
In 2021, Senate Bill 391 was passed and became law in September 2021, and many have used the statute as a justification to continue with purely virtual meetings. Unfortunately the new statute, Civil Code 5450, is being widely misapplied, since it says that HOAs can meet purely virtually if a declared emergency renders it “unsafe or impossible” to meet. I am not aware of any jurisdiction in California which has banned indoor meetings . You can check www.COVID19.ca.gov to confirm.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to
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