Mass Condo Law Update:
Virtual Meetings and Electronic Signatures Now Authorized by Statute

By Erik Shaughnessy

As part of Governor Healey signing and approving House Bill No. 4977, the Massachusetts Condominium Statute, M.G.L. c. 183A, is being amended to create a new Section 24.  This new Section 24 authorizes the use of modern forms of communication, such as virtual meetings (video conferencing) and email communications without the need to amend the governing documents of your condominium.

There are some requirements that apply when the governing Board wishes to use virtual meetings.  These requirements include that all participants of the Board meeting are able to “simultaneously communicate with each other during the meeting.”  Thus, if the Board were using a video conferencing system that only allowed remote participates to hear and see the meeting, but not other communicate, that would not be permitted under this new statutory section.  This also generally applies to meetings of the unit owners, where the owners, when participating remotely, can still interact and hear what is being said and present questions or comments.

This new Section 24 also expressly authorizes the use of electronic signatures by owners to vote.  This change can greatly help those condominium associations that are seeking the vote of the owners to amend their governing documents where obtaining original “wet signature” votes is a monumental undertaking.

This great addition to the Massachusetts Condominium Statute would not have been possible without the efforts of the Massachusetts Legislative Action Committee of Community Association Institute (CAI) and the New England Chapter of CAI.

The complete language of the new Section 24 is presented below:

Section 24. (a) Notwithstanding any provisions in a master deed, declaration of trust or by-laws of a condominium submitted pursuant to this chapter to the contrary, the governing body of the organization of unit owners may conduct regularly scheduled or special meetings by telephonic or video conference call or other interactive electronic communication process; provided, however, that all participants shall be able to simultaneously communicate with each other during the meeting. Presence by such electronic means shall satisfy any quorum requirements. The governing body may vote on any action properly before the body and approve meeting minutes by electronic means including, but not limited to, email and video conferencing.

(b) The governing body may conduct annual or special meetings of the unit owners where physical presence is not required. Such meetings may be held by telephonic or video conference call or other interactive electronic communication process as determined by the governing body.   The governing body shall notify all unit owners of such meetings and provide access information for participation in such meetings. Participation by electronic means shall satisfy quorum requirements. The governing body shall take reasonable measures to ensure that unit owners can participate fully, including by reading or hearing the proceedings and posing questions or comments.

(c) The governing body may allow unit owners to vote on any matter by mail-in ballot or electronic means; provided, however, that a quorum of unit owners shall be present for the vote.  The governing body may promulgate and amend policies related to electronic meetings and voting, pursuant to its rule-making authority as set forth in the governing documents of the organization of unit owners. If a master deed, declaration of trust, by-law or other document of the organization of unit owners requires the signature or written consent of unit owners, unit owners may electronically submit their signatures or written consent as determined by the governing body.