Community association leaders and managers have been asking if the Governor would extend the ability to hold electronic membership meetings beyond March 1. The answer as of today is “yes.”
On December 31, 2020, Governor Cooper issued Executive Order #185 entitled Extending Prior Executive Orders on Remote Shareholder and Nonprofit Meetings During the COVID-10 State of Emergency. EO #185 extended earlier orders allowing for nonprofit membership meetings to meet virtually so long as certain conditions are met. However, Executive Order #185 had a expiration date of this coming Monday, March 1.
A separate Executive Order #195 was issued this past week that increases the maximum number of people who can attend an in-person association meeting to 25 for indoor meetings and 50 for outdoor meetings. Since most associations have more members than that, virtual member meetings will be needed a while longer. However, there were questions about whether Executive Order #185 would be extended beyond March 1. That question has now been answered. Our office talked with the Governor’s Office this week and was notified last night that Executive Order #185 has been extended again by Executive Order #198. This latest EO will continue to allow virtual nonprofit member meetings through Monday, May 10 (unless the Declared State of Emergency is rescinded earlier).
The steps and processes for holding a proper electronic membership meetings are very detailed. These prior articles on virtual association meetings may be of help:
A link to Executive Order #198 can be found here: Reissuing Prior Executive Orders on Remote Shareholder and Nonprofit Meetings During the COVID-10 State of Emergency.
Our firm has assisted with many hundreds of member meetings, including by advising in advance of the meeting, hosting the meeting on our platform, or by an attorney being present online to help run the meeting or answer owner questions. If we can help with any annual or special membership meeting issues in North or South Carolina, contact one of the HOA/condo attorneys at any of our offices.
Author: Jim Slaughter
Articles have been Reprinted with permission from Black, Slaughter, Black.
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