Code of Virginia 55.1 79.35 Condominium Act/Virginia Property Owners Association Act § 55.1-1832. Use of technology. D. Voting rights. Voting, consent to and approval of any matter under any condominium instrument or any provision of this chapter may be accomplished by electronic transmission or other equivalent technological means provided that a record is created as evidence thereof and maintained as long as such record would be required to be maintained in non-electronic form.
Applicable Statute: Emergency
Virginia common interest community
associations will benefit from amendments proposed by Governor Ralph S. Northam
and adopted by the General Assembly at the April 22, 2020 veto session. Amendments
and 137 to
the Budget Bills (House Bills 29 and 30, respectively) overrides
requirements in the Virginia Property Owners’ Association Act and Condominium
Act that at least two board members be physically present in the same location
in order to convene a meeting properly.
Now, during a Governor-declared state
of emergency, boards of common interest community associations may meet
virtually without physically assembling, but only if certain requirements
concerning notice of meetings, member access to meeting and meeting minutes are
met. The amendments to the Budget Bills go into effect when signed by Governor
Northam. Contact your association’s attorney to see what your community’s
options are for virtual meetings based upon your governing documents.