Virtual HOA meetings have become a mainstay for many community associations in Virginia. They offer convenience, wider access, and flexibility for homeowners who can’t attend in person. Boards should know how to navigate the rules around virtual meetings and ensure compliance.
What are Virtual HOA Meetings?
A virtual HOA meeting is a meeting of the association’s board, committee, or membership held remotely. It is conducted electronically, so attendees don’t have to show up in person.
There are a variety of platforms associations can use, including video conferencing, teleconferencing, and other digital formats. In Virginia, the law explicitly allows associations to conduct virtual meetings, but under certain conditions.
Does Virginia Allow Virtual HOA Meetings?
Under the Virginia Property Owners’ Association Act, Section 55.1-1832 states that any meeting of the association, the board of directors, or any committee may be held entirely or partially by electronic means.
The Virginia Condominium Act also contains similar provisions for condominium associations, allowing electronic meetings and votes. The law can be found under Section 55.1-1935.
Additionally, under the Virginia Nonstock Corporation Act, Section 13.1-844.2 permits member meetings to be held remotely if the board permits them and adopts procedures—most associations in the state function as nonstock corporations.
By all accounts, Virginia now allows virtual meetings for associations. Of course, board members must still follow proper procedures. Additionally, the governing documents must not prohibit remote meetings.
When Did Virginia Allow Virtual Meetings?
The push toward virtual meetings gained momentum during the COVID-19 pandemic. During that time, many associations had to meet remotely due to health concerns.
Virginia’s legislature made it possible to conduct meetings and vote even without attending in person. It did this by amending key statutes (via House Bill 1816 and Senate Bill 1183), which became effective on July 1, 2021.
Legal Requirements for Virtual HOA Meetings
To hold HOA online meetings, an association should follow several steps.
1. Review Governing Documents
Board members should first check their CC&Rs or bylaws. If these documents prohibit electronic meetings, then the association can’t proceed. While the law allows it, it still defers to the governing documents.
2. Adopt Guidelines for Electronic Meetings
The board should adopt a clear policy outlining how the association will conduct electronic meetings. The law requires board members to determine whether they can hold a meeting entirely or partially using electronic means. Additionally, the board must ensure that those who gain access to the meeting have the proper authorization.
3. Ensure Access and Participation
Homeowners have a right to attend meetings, so they must receive the opportunity to do so. The law requires homeowners to be able to hear (and, ideally, see) the proceedings. They must also be able to ask questions (when permitted) and vote (if necessary).
If a homeowner doesn’t want to use electronic means or isn’t able to, the association must have alternatives ready. These alternatives must not be at the homeowner’s expense.
4. Electronic Voting Guidelines
If a vote will take place at a meeting, the association must have proper guidelines for voting remotely. Some associations require secret ballots, so the board must ensure that the electronic system will maintain owner anonymity.
In addition, the law again defers to the governing documents. Associations can use absentee ballots, proxy voting, and electronic voting unless the CC&Rs or bylaws say otherwise.
5. Notice Requirements
Virtual meetings may not take place in person, but they must still comply with the exact notice requirements. Board members must provide notice of the time, date, and method of the meeting.
This notice must be sent at least 14 days before an HOA virtual annual meeting or 7 days before any other meeting. The association can send the notice by email if the owner has consented.
6. Maintain Minutes and Records
Even for virtual meetings, the secretary must still take minutes. These minutes must reflect the proceedings and any votes taken. Other things to note include how the board verified participation and how the board conducted the voting.
7. Amend Governing Documents (If Necessary)
Virginia law allows virtual meetings, but the association’s governing documents still have final say. If the CC&Rs or bylaws are silent or explicitly prohibit virtual meetings, boards should consider amending them.
Amendments should allow virtual meetings and align with statutory requirements. When in doubt, it is best to seek help from a lawyer.
What are the Limitations of Virtual Meetings?
While Virginia law allows virtual meetings (when conducted properly), there are certain limitations boards must understand. These include:
- If the governing documents explicitly forbid electronic meetings, Virginia law doesn’t override them.
- Electronic platforms must allow homeowners to participate. The board can’t simply broadcast a meeting without letting homeowners raise concerns or ask questions.
- If the association requires secret ballots, the voting system must protect voters’ identities. Additionally, the platform must have a mechanism to verify vote authenticity.
- Homeowners who can’t access virtual meetings must have alternative options. It is the association’s responsibility to provide these alternatives at no expense to the owner.
- Despite being conducted electronically, virtual meetings must still follow all notice and meeting minutes requirements.
Furthermore, virtual meetings should still comply with open meeting rules. Virginia law requires that board meetings allow homeowner comments. The exception to this is a special meeting where topics are limited.
How Virtual Meetings Benefit Associations
Virtual meetings offer several real advantages to associations. These include the following:
- Flexibility. More flexible scheduling allows boards to meet more often or at times convenient for homeowners.
- Increased Attendance. Virtual meetings eliminate distance and physical obstacles, leading to higher member participation.
- Cost Savings. Associations can save money on facilities, travel, and logistics.
- Transparency. Virtual meetings promote greater transparency when meetings are recorded, or homeowners can join electronically.
- Accessibility. Homeowners with mobility challenges, who live far away, or who can’t fit meeting times into their schedules, can now access meetings.
Frequently Asked Questions
Can a meeting be entirely virtual with no one physically present?
Yes. Under Section 55.1-1832 of the Virginia POA Act, the board can hold entire meetings electronically. Of course, there is a requirement that says the board must adopt guidelines for electronic meetings. Associations should check their governing documents for verification.
Does attendance via proxy or absentee ballot count toward quorum in a virtual meeting?
Yes. According to the law, proxy or absentee ballots do count toward a quorum, even in a virtual meeting. This means homeowners don’t have to attend the electronic meeting to cast their votes.
What if the technology fails during a virtual meeting?
If the meeting suffers from technical issues that affect participation, the association should change to a different electronic platform or method. Otherwise, the board must stop the meeting and reschedule it for a later date.
Are virtual board meetings subject to public comment rights?
Yes. For associations under the POA Act, the board or committees must provide a designated period for member comment at each meeting. This includes electronic meetings.
A Good Option
In Virginia, virtual HOA meetings remain valid when the board follows the statute, adopts proper guidelines, and respects the governing documents. These meetings offer greater accessibility and flexibility while preserving homeowners’ rights.
National Realty Partners is a leading provider of association management services in Virginia. We can help your board manage virtual meetings. Call us today at 703-435-3800 or request a proposal online to get started!
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