Meetings and Proxies

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Given the worldwide coronavirus pandemic, many states have issued stay-at-home orders, and taken action to limit public gatherings. Given this sudden and extraordinary legal change, many community associations are facing difficulty in scheduling their meetings (annual and special meetings of members). Specifically, many community associations are facing the logistical challenge of conducting these meetings, via remote or electronic means, to accomplish community association business, minimize legal and health risks, and comply with the various stay-at-home orders.

2018 Legislative Changes to Remote Meeting Requirements

Before transitioning all meetings to remote or electronic means, community associations need to be careful and discuss the issue with their counsel to develop a workable plan. Back in 2018, we previously posted about a recent legislative amendment enacted by Virginia’s General Assembly permitting remote meetings under certain circumstances. The law has been codified as Virginia Code Section 13.1-844.2.

Under that statute law, nonstock corporations (which many community associations are) may conduct annual and special meetings of members via electronic means, provided that the governing documents (articles of incorporation and bylaws) do not require the meetings to take place at a particular location.
Continue Reading COVID-19 and Remote Community Association Meetings: A Closer Look at the Legal Requirements, and an Update on Virginia General Assembly’s Emergency Action

Association (both property owners’ association and condominium association) meetings are typically held at the community clubhouse or other local building.  However, with the increasing availability and utility of technology, virtual meetings are becoming more commonplace.

Virginia’s General Assembly (Virginia’s state legislature) recently passed legislation, House Bill 1205 (the “Amendment”), amending the Virginia Nonstock Corporation Act, that may increase the use of virtual meetings for property owners’ associations in the Commonwealth.  Note: property owners’ associations are typically non-stock corporations, subjecting them to the Virginia Nonstock Corporation Act. 
Continue Reading Virtual HOA Meetings?: Virginia’s General Assembly Makes It Easier For Property Owners’ Associations To Hold Entirely Electronic Meetings

Recently, we had a reader ask whether a member of a homeowners association is legally permitted to review and inspect voting records relating to elections for the board of directors of the member’s HOA.

The short answer is that it depends on the nature of the records requested as well as other factors. Virginia Code…

If your homeowners association has not yet adopted a records copying policy, it should move quickly. On July 1, 2012, a new law in Virginia goes into effect that requires boards of directors of associations to have adopted a cost schedule if the association wants to charge owners for the costs of copies and labor …

LeClairRyan’s Liz White was recently featured in an article on Board Meetings that was featured by several national media outlets, including Forbes magazine, the Atlanta Business Chronicle, the Baltimore Business Journal, the Business Journal of Phoenix, and the Cincinnati Business Courier. Locally, the article was featured by NBC12. To view the article, in which Liz discusses…

On April 17, 2010, LeClairRyan’s Community Association Team will be presenting a free seminar in Williamsburg, Virginia, entitled "Advanced Legal Aspects of Community Associations."

We invite you to join attorneys Liz White, Dan Quarles, Megan Scanlon, and Will Sleeth as they will discuss four topics that board members and managers frequently encounter as…