With the Governor’s Safer at Home Order that extends through April 30, 2020, many associations are asking if they can hold Annual Meetings and Board meetings on platforms such as Zoom or Go To Meeting or via conference call.
Notice. The association’s emergency powers allow it to conduct board meetings and membership meetings with notice given as is practicable, such as publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated in this manner as well.
Reschedule. With its emergency powers, the board may cancel and reschedule any association meeting.
Quorum. A member meeting still needs a quorum, although this can be met with proxies. A board may act according to its bylaws without a meeting, if allowed. If the association cannot obtain quorum for a member meeting, it may be the case that the association might not be able to hold its Annual Meeting this year. It costs money to reschedule, mainly in reprinting and mailing materials for the meeting. It is not reasonable to keep rescheduling if it’s clear that sufficient proxies cannot be obtained.
Open Meetings. While the Safer at Home order is in effect, the Board should provide access to a meeting by phone or video. If it cannot and the Board must take some action to protect or preserve association property or the health and safety of its members and residents, the Board should take the required action, record the meeting if it is able and make the video available and/or post the draft minutes as soon as possible. The Board should always try to keep the members informed of its decisions, even under these emergency conditions.
Ongoing Business. The Board needs to continue to conduct ongoing business, like responding to ARC requests or requests for tenant or purchase approval. Many documents contain a “deemed approved” clause if there’s no action in 30 days. Therefore, the Board should continue to conduct meetings as practicable and respond via mail or email to such requests as required.
Continue to consult the following websites for further information during this crisis:
- The Johns Hopkins Coronavirus Resource Center: https://coronavirus.jhu.edu/
- The CDC Coronavirus Resource Page: https://www.cdc.gov/coronavirus/2019-ncov/index.html
- The Florida Department of Health 2019 Novel Coronavirus Response (COVID-19): https://floridahealthcovid19.gov/