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Virginia's Electronic Voting and Virtual Meeting Statutes

Electronic Voting Statute

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.

Virtual Meeting Statute

Applicable Statute: Emergency temporary legislation

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 28 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.