In the post-pandemic era, virtual and hybrid meetings are no longer considered a crisis situation workaround for boards and managers; they’re just how we conduct community business now. And across the board, that’s been a good thing. The evolution of digital meeting platforms has given building and HOA leaders the opportunity to do more than just hold their operations together—it’s also helping them streamline governance and increase resident participation in new ways. By offering in-person, video, call-in, and hybrid options, boards are modernizing the way they do things to better serve their communities. Given that these platforms are here to stay, boards are looking to standardize the rules around virtual and hybrid meetings, from understanding and following legislative requirements to adopting best governance practices. 

State Laws & Statutory Requirements

During the pandemic, board meetings moved online out of pure necessity. Because it was such a different approach—and because the governing documents in many older buildings and HOAs were drafted before email even existed, let alone the idea of virtual meetings—bylaws and governing documents were silent on the topics of remote governance and resident participation. 

“Unless an association was set up in the last five to 10 years, governance rules for remote board meetings didn’t exist in documents,” says Scott Wolf, CEO of New England-based property management firm BRIGS, LLC. Unfortunately, not having set rules left many boards in limbo, wondering if their proprietary leases or bylaws need to explicitly allow virtual-only or hybrid meetings, and how to standardize voting rules before making the transition. 

Since then, statutory requirements have evolved, but often vary from state to state.

In Massachusetts, according to General Law c. 183A § 24, enacted provisions allow condominium boards to hold annual, board, and special owners meetings via teleconference or video platform, regardless of the legacy language in their master deed. However, the law mandates that meeting notices contain specific connection/access details, and ensure that unit owners have a reasonable opportunity to hear and/or see proceedings and ask questions. 

Rhode Island’s statutory amendments state that associations can conduct fully or partially remote meetings, even if it overrides old bylaws. Under § 34-36.1-3.08, electronic notice (email or portal posting) is only valid if an owner has designated an address and opted in using written consent. If that opt-in is not obtained, traditional U.S. Mail remains the statutory default.

Under Connecticut’s Common Interest Ownership Act, electronic voting and remote meetings are authorized, unless expressly prohibited by a community’s declaration or bylaws. Notice via email requires that an owner has formally provided an electronic address to the association (§ 47-261c), and the notice window remains strictly 10 to 60 days in advance for owner meetings (§ 47-250).

New York’s Not-for-Profit Corporation Law (N-PCL) § 603 was updated in 2021 to reflect Assembly Bill A8185B, also known as the Condo Virtual Meeting Law, permitting all condo boards in New York to hold special meetings and annual meetings virtually. Co-ops and HOAs were previously granted the right to hold virtual meetings with Senate Bill A1237. 

These laws grant boards more options in terms of how they’d like to proceed with meetings. “Absent contrary provisions in the governing documents, associations may adopt procedures permitting—but not mandating—owners to attend meetings virtually, and to cast votes electronically,” says Stefan Richter, Office Managing Shareholder of law firm Becker and Poliakoff with offices around the U.S., including New York, New Jersey, Pennsylvania, and Florida. “We recommend that the governing documents be reviewed to determine whether a board resolution is sufficient, or an amendment is required.” 

Wolf agrees. “If the law in your particular state does not allow for remote participation,” he notes, “then it makes sense to update your governing documents and bylaws.”

Giving Notice 

As board meetings continue to transition from in-person to online (or somewhere in between), meeting announcements and notifications are also evolving. Unless the governing documents expressly call for electronic or email notice, owners must agree in writing to accept notices via such means. “Essentially, this is equivalent to a written waiver of paper copies or in-person delivery of notice,” explains Richter. “For older associations, this means that electronic notice cannot be mandated without an amendment to the bylaws.”

New technologies play a key role in ensuring confidentiality and fairness during elections. Electronic apps and digital platforms have blind voting options so everything remains anonymous. According to Richter, most electronic platforms eliminate direct access to individual votes and ballots, resolving common complaints about the accuracy of manual review and tallying of paper ballots. However, paper hasn’t completely disappeared. Wolf notes that he still sees a lot of paper voting via regular mail because certain association actions still require a physical signature.

Meeting Quorum 

Historically, meeting the required minimum number of voting members has been a challenge for many boards. The flexibility of participating remotely allows more residents to attend any given meeting, making it easier for boards to reach a quorum and vote on items on behalf of the community. 

In a virtual meeting setting, establishing a quorum requires proving that a sufficient number of members possess real-time, two-way communication access, meaning everyone can be seen and heard. Boards need to be able to document who is present, confirm voting eligibility and ensure no connections or lost or voters depart early. Typically, at the call to order, the chairperson or secretary of the board verifies members’ presence using a participant list, roll call, or digital sign-in. 

Robert’s Rules of Order states that if a connectivity failure (such as a dropped wifi signal, malfunctioning microphone, or other glitch) breaks quorum, all formal business and voting must cease immediately, limiting the body’s legal actions strictly to recessing, attempting to contact disconnected members, setting an adjourned meeting date, or ending the meeting altogether. 

To prevent these kinds of disruptions, the pros recommend testing all audio and video equipment ahead of time and having backup connections ready in case of any equipment or connection failures during the live meeting. 

To Record, or Not to Record?

Though recording meetings can create an official log of the proceedings and what business was carried out, it sometimes creates an adversarial atmosphere and a presumption of mistrust, warns Richter. Consideration should always be given to the type of meeting and the items on the agenda, and whether recording it is prudent. In some states, the legal consent of all present attendees is required for audio recording purposes as well.

Wolf says that based on guidance from legal pros, he typically leans towards not recording. “Based on the advice of attorneys, our recommendation to clients not to record,” he says. However, some associations may want meetings to be recorded so they can be shared and posted on their community portals. “So it really can go either way.” 

Establishing Order 

Hybrid meetings allow boards to meet in-person while providing video access for remote attendees. “This way you’re in-person, but you’re also accommodating the people that want to video or call in,” says Wolf. The logistics of having attendees both on screen and in-person can get tricky, so again, make sure that cameras are placed at optimal angles in the meeting room before the meeting is called to order, that all microphones are functional, and that all attendees—on screen and in the room—have the opportunity to participate. 

The best board meetings are inclusive to all shareholders—young or old, tech-savvy or not. Having assistance and accommodations available ensures no one is left out. Having computer-literate people available to guide others through logging in is a start. According to Richter, “If facilities are available, virtual meetings can be broadcast where those who do not have access to the required technology can be present to participate,” such as in a community room, clubhouse, or other common area accessible to all. Richter further advises that “a total shift to virtual attendance and electronic voting may require individual accommodations.”

Wolf notes that “I’m seeing more and more people becoming tech-savvy. They’re learning, and even if they can’t figure out the computer or video options, they can call in on their phones to participate.” 

Like any meeting, communicating clear rules for participation in virtual and hybrid meetings is essential to keeping the proceedings on track and productive. These rules can be announced at the beginning of the meeting or included with the meeting notice ahead of time. “The key is to set the expectation right at the beginning,” says Wolf. “Let attendees know the rules: when you’ll be taking questions, whether you want them to raise their hand, calling on attendees in order. You can also keep everyone on mute and just unmute the speaker (who has raised their hand) to allow them to ask their question or state what they need to.”

Finding the Right Balance

While technology is a useful tool, it will likely never replace the need for human interaction. “Sometimes, there’s just no substitute for an in-person meeting,” says Wolf. “Certain meetings are better in person when you really need to deliver information, and you want everybody’s focus and attention.” He recalls a recent meeting he attended at a community with 700 units spread across four associations: “We had about 150 people show up, and that would never have gone well on a video platform.” 

Finding balance between digital technology and in-person interaction is the goal. “Personally, I prefer meeting somebody face-to-face,” Wolf says, “but I also love the idea that I’m not leaving my house late at night [to attend a meeting]. There’s a certain life balance there that I think we have become accustomed to.”

Wolf suspects that as technology advances and years go by, fewer people are going to want to meet exclusively in person and will instead opt for, or even insist on, having online options available. Ultimately, it’s most beneficial for boards to provide flexible options for the majority of residents so that showing up—or logging in—is as easy as possible.

Kate Mattiace is Associate Editor of New England Condominium.