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Client Alert - D.C. Authorizes Virtual Meetings and Electronic Voting for Condominium Unit Owners' Associations

The pandemic has presented many challenges for condominium unit owners’ associations, including how meetings can be conducted and making sure all voting and quorum requirements are met. On October 25, 2021, D.C. City Council and Mayor Muriel Bowser enacted new emergency legislation that, in relevant part, amends subsection (f) of Sec. 2. Section 303 of the Condominium Act of 1976 (D.C. Code § 42-1903.03) and authorizes unit owners’ associations to conduct virtual meetings and clarifies voting and quorum requirements for such meetings.
 
Act Number A24-0181, better known as the Post-Public Health Emergency Protections Extension Emergency Amendment Act of 2021 (the “Act”), authorizes meetings of the unit owners’ association, board of directors, or committees to be conducted or attended virtually by telephone conference, video conference, or similar electronic means. In order to be compliant with the Act, the electronic equipment system used for virtual meetings must allow unit owners to clearly hear and communicate with all other unit owners participating in the meeting. Any unit owner, board member, or committee member in attendance virtually will be deemed present for quorum purposes. The instructions or link for attending the virtual meeting must be included in the notice requirement set forth in D.C. Code § 42-1903.03(a).
 
With regard to voting, the executive board may authorize unit owners to electronically submit votes up to 7 days before the scheduled date of any meeting and any unit owner who submits a vote prior to the meeting will be deemed present and voting in person at the meeting. Matters requiring a vote of the unit owners’ association at an annual or regular meeting may be set by the executive board for a vote and a ballot may be delivered with the notice requirements set forth in D.C. Code § 42-1903.03(a). The board may then set a reasonable deadline for the ballots to be returned to the association.
 
The Act was originally set to expire on January 23, 2022 but it has been extended to October 13, 2022. Please contact a Whiteford, Taylor & Preston, LLP community association attorney for more specific advice based on your community’s individual needs and concerns.

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