AB 648: Board Meetings by Teleconference A.J. Jahanian, Esq. and Shelby Bennett, Esq., Beaumont Tashjian


Homeowners associations recently joined the 21st century and may now conduct business virtually. Assembly Bill 648 (“AB 648”) went into effect on January 1, 2024, allowing homeowners associations to hold board meetings entirely remotely/virtually, without the need to continue to designate a physical location, as long as certain conditions are met for each meeting.


What Does the Law Say? AB 648 permits virtual meetings as long as the association meets the following requirements: 1) provides clear, technical instructions on how to participate in the meeting by teleconference; 2) provides every member with the telephone number and email address of a person who can provide technical assistance with the teleconference process, both before and during the meeting; 3) notifi es the members that they can request individual delivery of meeting notices, with instructions on how to do so; and 4) ensures that every member and director has the same ability to participate in the teleconference meeting just as if that meeting were held in person. Meetings that involve counting ballots, such as elections of directors or votes on amendments to the governing documents, still require a physical location.


What Does AB 648 Mean for Associations? Going forward, associations may hold entirely virtual meetings. To facilitate these meetings, the association must meet the above-listed requirements. This means ensuring that the association’s notices are up to date with the required information, i.e., notifi cation of how to request individual notice and the telephone number and email address of a person who can provide technical assistance.


Additionally, the association must have clear technical instructions on how to participate in the virtual meeting. This will require that the association determines which platform they


8 March | April 2024


will use to host their meetings and develop specifi c instructions that can be distributed to each member. These instructions need to be easy to understand and follow, to ensure that every member has an opportunity to participate in the meeting.


Unfortunately, the law is not clear regarding “who” is qualifi ed to provide “technical assistance” before and during the meeting. Further, AB 648 does not address proper conduct and decorum requirements for virtual meetings. For example, are boards/ managers able to “mute” disruptions during virtual meetings? How is attendance taken and membership confi rmed, since only members may attend board meetings? These gaps will need to be addressed by the board to ensure that the association benefi ts from the use of virtual meetings.


How Should Board’s Address AB 648? Boards should adopt an updated meeting code of conduct that addresses the requirements imposed by AB 648 and helps ensure that virtual meetings promote, rather than hinder, effi cient board meetings. The meeting code of conduct can set forth decorum requirements for members to decrease the possibility of disruptions and ensure that any disruptions that do occur are handled fairly and equally. Additionally, the meeting code of conduct can defi ne who is qualifi ed to provide the required technical assistance and set forth a procedure for appointing a member to fi ll this role.


Lastly, associations should keep in mind that virtual meetings are an option, not a requirement. If the notice requirements or the virtual meetings themselves are hindering the board’s ability to conduct the association’s affairs, the board may opt to continue in-person meetings instead. Virtual meetings may not be the solution for all associations, so boards and managers should consider how to implement these changes based on their unique circumstances.


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