MEEB HELPS SECURE MAJOR WIN FOR CONDOMINIUM ASSOCIATIONS

ELECTRONIC MEETINGS AND VOTING BILL PASSES

In the early morning hours on August 1, 2024, on the very last day of formal sessions for the 2023-2024 Massachusetts legislative session, the House and Senate passed a comprehensive housing bill allowing for electronic meetings and voting in condominiums. The Governor is expected to sign the legislation in the coming days. This is a tremendous victory for Massachusetts condominiums and one that MEEB attorneys have supported for many years.

Since the onset of the pandemic amending MGL c. 183A to add provisions relative to electronic meetings and voting in condominiums has been a top priority for the Massachusetts Legislative Action Committee for Community Associations Institute, which is chaired by MEEB attorney Matthew W. Gaines. With the passage of this legislation, all condominiums in Massachusetts will now be able to hold unit owner and board meetings via online or other remote means. In addition, the legislation also permits associations to conduct elections and other voting online or by using other electronic methods.

Many condominium documents specify that board and unit owner meetings must be held in person, and any vote at a meeting must be in writing. As such, up until now, if a board or unit owner meeting were to be held online or remotely, or if voting were to take place electronically, for such acts to occur, it would likely require an amendment to the condominium documents, with the approval of a super-majority of the unit owners. This was often difficult to obtain.

Recognizing this issue, and the fact that allowing for online meetings and voting would increase participation, CAI-MALAC drafted legislation to allow for all condominiums to conduct meetings and voting by electronic means without having to amend their documents. This change to the law will increase the efficiency of board and owner meetings by streamlining the meeting process; and will increase unit owner participation and engagement by allowing owners who would not be able to participate in person to attend meetings.

We would like to give an extra special thank you to Senator Rebecca L. Rausch, Representative James Arciero, and Representative Kevin Honan, for their sponsorship and advocacy on behalf of this important legislation. This would not have happened without their leadership and support!

If you have any questions regarding how this new law and how it might impact your association, please do not hesitate to contact Matthew W. Gaines at mgaines@meeb.com.