J.P. from Massachusetts writes:
Dear Mister Condo,
Are board members considered present if they attend via teleconference?
Mister Condo replies:
J.P., of course they are virtually present, aren’t they? I think we have all come to treat Zoom, FaceTime, Skype, and other methods of videoconferencing and teleconferencing as valid methods of meetings and, in many cases, the only way of holding a safe condo or HOA Board meeting during COVID. Unless your governing documents or state law prohibit teleconferencing, it is likely that the meeting method is valid and the Board members who attend remotely are, in fact, present. However, it is important to note that Board meetings are official business meetings in whatever manner they are conducted. Protocols must still be followed and accurate records must be kept not only for the Board but for all association members to inspect. That includes attendance, motions, seconds, and votes. Accurate Minutes, the official record of what happened at any condo or HOA Board meeting, must be kept, voted upon by members and, ultimately, made available to all association members who request to see them. As long as all protocols are followed and teleconferencing doesn’t violate the association’s governing documents or state law, I see no problem with the validity of the Board Member’s Attendance. All the best!