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Community Association COVID-19 Update – Change in Board meeting requirements during State of Emergency and Guidance on Closing Association facilities

We have pointed out the fluidity of this pandemic, and now we have some updates for you on holding meetings and closing facilities (including pools). We have received relief on some of the requirements found in the POAA and the Condominium Act on holding remote meetings.  We have also obtained information on the closing of community association pools.

Remote Meeting Relief

In the Virginia General Assembly, the House of Delegates and the Senate have sent a bill for the Governor’s signature to remove the requirement to have two board members present at a meeting location in order to have a remote meeting. The removal of this requirement is applicable when there is a declared state of emergency, and the nature of the declared emergency makes is impracticable or unsafe for the board to assemble in a single location, and that the meeting is statutorily required or necessary to continue operations of the community association.  The community association is required to follow the process below:

  1. Notice of the remote meeting shall be given to members using the best available method given the nature of the emergency.
  2. The notice to members shall be given contemporaneously with the notice provided to the directors.
  3. The association shall make arrangements for members to have electronic access to the meeting, including to the extent practicable, videoconferencing technology.
  4. Members shall be given the opportunity to comment if the means of electronic access allows such communication.
  5. The nature of the emergency, the fact that the meeting was held by electronic communication means, and the type of electronic communication means by which the meeting was held shall be stated in the minutes of the meeting.
  6. The association will distribute minutes of the remote meeting by the same method used to provide notice of the meeting.

Executive Order 53 Clarification

There has been some confusion and inconsistency between the Governor’s Executive Order 53 and the FAQ answers on the Governor’s website as to whether Executive Order 53 applied to private outdoor condominium and neighborhood pools.  Our lobbyist for CAI’s Virginia Legislative Action Committee obtained feedback from the Governor’s office that all pools, public and private, should be closed until the pendency of the Governor’s Order.

Susan Tarley

Susan chairs the firm's common interest community (HOAs and Condos) practice area. She was admitted into the College of Community Association Attorneys (“CCAL”). Susan is one of fewer than 150 attorneys nationwide to be admitted to CCAL, for distinguishing herself through contributions to the evolution or practice of community association law.

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