Two years after the beginning of the COVID-19 pandemic things are returning to a sense of normalcy for many, but not everything has gone back to the way it was before the pandemic began. One major change brought on by the pandemic in the property owners association (POA) world is the use of virtual platforms to conduct board meetings. While some POAs have returned, and prefer, in-person meetings, many POAs have chosen to stick with the convenience, ease and greater access virtual platforms provide. Now, two years into using virtual platforms, it is time for POAs to reevaluate their virtual process. In this article, we discuss our five tips to make your virtual meetings a success.
1. Choose the Virtual Meeting Platform Best Suited for Your Community
There are a myriad of virtual meeting platforms at various prices available online today. The one your association chose to go with two years ago may no longer be the best fit. From Zoom, GotoMeeting, Google Meet, Microsoft Teams and countless others, how do you know which one is the right choice for your association? There are several factors to consider when deciding the platform that will work best for your association.
First, price vs. number of users/attendees. With each virtual meeting platform, the price and number of attendees factor go hand-in-hand. As the number of allowed attendees goes up, so too will the price. The same is true for the number of licensed users on the administrative side. As you are searching for the right platform, you will want to have an estimate as to how many owners you expect to attend your meetings. You will also want to determine the number of licensed users you wish to have because this will give you the best idea of your expected costs.
Also, keep in mind, the virtual platforms have constantly been making updates and adding new features. If your association is on a platform that has provided few updates, now is a good time to explore the market to better understand the features available that can offer your association and its homeowners a smoother meeting experience.
Another factor to consider, which we will address in further detail in tip number 4, is the ability to host the executive session. Does the platform you are considering allow for password protected breakout sessions within a meeting, or will you have to create a separate call that can lead to extra confusion on the part of the board members and homeowners?
Finally, you may also want to consider adding a webinar feature to your virtual meeting platform. Section 209.0051(c)(2)(B) of the Texas Property Code does not require homeowners to be vocally involved with virtual board meetings; however, Section 209.0051(c)(2)(B) does not apply to annual meetings. The webinar feature on many of the virtual meeting platforms allows for the attendee to view and hear the meeting and ask questions via a chat feature, but the attendee is not able to speak. This feature may allow the association to have a more efficient meeting.
2. Decide on the Details of Your Meeting Before Posting the Announcement
Now that you have revaluated the platform that will work best for the association, you should consider the finer details of the meeting. As you prepare to setup your meeting, you will want to create or update a checklist of the common features that can be used in the meeting. Some of the items that may be found on your checklist include:
- Will the meeting be video and audio, or audio only?
- How many attendees will be in the meeting?
- Do the attendees need the ability to ask questions via audio?
- Will there be contributors outside of the association?
- Will the meeting require an executive session?
- Who will be in charge of running the meeting? (Board President, Community Manager, Association Attorney)
- Will a presentation or video need to be shared during the meeting?
After determining the details of the meeting, the notice requirements from Texas Property Code Section 209.0051 also apply to virtual meetings for single-family and townhome associations. For condominium associations, the requirements of Section 82.108 (e) apply to virtual meetings.
The meeting notice should have a general subject of the meeting. If there is going to be an executive session, there will need to be a general description of any matter to be discussed during executive session. The meeting notice will also need to include the log-in information to join via the web and the call-in number if that option is available.
As with in-person board meetings, the same methods of notice for a board meeting apply.
For Single Family and Townhome associations:
A 10 to 60-day notice by mail that has all of the details for the meeting listed above (not typically recommend), or
A 144-hour notice featuring a conspicuous posting in the community, as well as a community wide email blast to all members who have registered an email address with the association, or
A 144-hour notice on the association’s website, as well as a community wide email blast to all members who have registered an email address with the association.
For Condominiums:
Notice of a meeting of the board must be given as provided by the bylaws, or, if the bylaws do not provide for notice, notice must be given to each board member in the same manner in which notice is given to members of the board of a nonprofit corporation (Texas Property Code Section 82.108(d)).
3. Test your Setup/Sharing Documents
While we have all become accustomed to the virtual meeting process and what needs to be done to log on and access the meeting, something can always go wrong. If a new feature has been added to your chosen platform that you are implementing or the association has chosen to change platforms, before starting the meeting, a test of the setup featuring everyone who will be speaking and contributing to the meeting is highly recommended. A test should be done a few days before the date of the meeting to ensure all participants understand the meeting platform and the technology they are choosing to use. Determining any issues in advance will allow you the opportunity to troubleshoot any technology issues before the day of the meeting. For those on a regular schedule of virtual meetings, there may not be a need for a full test of the platform, but it is recommended to have everyone log on 15 minutes before the start of the meeting to allow time for troubleshooting potential technology issues.
Additionally, virtual meeting platforms allow the presenters to share documents on the screen for viewing by those attending the meeting. This capability is extremely useful in communicating certain information to the attendees that would not otherwise exist with your standard conference call.
4. Be organized
It is time for the meeting. The person you have chosen to operate the meeting will launch the meeting, and every step going forward should proceed as if the meeting is being held in-person.
The meeting should follow the agenda. Minutes should be taken by one of the officers of the board. If a voting item is on the agenda and a quorum is present, a vote can take place vocally by calling on the name of the board member to state his/her vote. If there are technical difficulties during the meeting and a board member loses connection, pause the meeting to allow time for the board member time to rejoin. If the member is unable to rejoin, continue the meeting as scheduled (assuming a quorum of the Board is still attending the meeting).
As with an in-person board meeting, an owner forum is recommended. The owner forum can be conducted through an online chat feature, or the owner can be allowed to appear via audio, or audio visually.
The owner forum should be limited in time but should allow the owner to ask questions and raise any issues for the board’s consideration. Owners should be advised of a time limit to ask question/raise issues during the owner forum. Typically, 3-5 minutes is customary. Owner forums can also be held prior to calling the meeting to order. Personal attacks should be prohibited. By using a virtual meeting platform, the person in charge of running the meeting has the option to remove an owner from the meeting if the owner becomes belligerent and abusive towards a board member or another owner. Additionally, most virtual meeting platforms provide the ability to mute the attendees (i.e., the owners) and not the presenters (i.e., the board members).
As discussed in tip number one, if an executive session is necessary, adjourn into executive session on another line or place the owner participants in a “wait room”. The platforms may also allow for a tone to be played when someone joins or leaves the meeting. By turning this setting on, it can be a helpful way to know if someone is trying to listen in during the executive session.
The virtual executive session should be conducted just like an in-person session and follow the guidelines set forth by Section 209.0051 (c) of the Texas Property Code. For condominium associations, the executive session guidelines are set forth by Section 82.108 (b). The executive session should stick to the agenda. There should be no minutes or notes taken during the executive session since the meeting minutes are considered a book and record of the Association and are subject to production in response to a records request, or in response to a discovery request during litigation.
5. Consider Hosting Your Annual Meeting Virtually and Hold Electronic Voting
COVID-19 forced many associations to reexamine how the annual meeting of the members can be conducted. With social distancing guidelines, it was not possible for large-scale in-person meetings to take place. The switch to virtual platforms did provide an interesting result. Community participation in association activities increased, particularly with the annual meeting. Online voting and virtual meeting platforms enabled more participation due to the convenience of homeowners not having to leave home or rush from work or activities with their children to make the meeting.
While not everyone has continued to host annual meetings virtually, the associations that continue to, should keep a few issues in mind. The virtual annual meeting will need to allow the owners to participate via audio at appropriate times, and voting will need to take place electronically before or during the meeting or by proxy or absentee ballot prior to the meeting. Electronic voting requires preparation, coordination with a third party provider, and possibly amendments to governing documents. By hosting an annual meeting virtually, the attendees can participate in the meeting from the comfort of their homes, offices, or anywhere in the world.
When considering holding electronic voting during a virtual annual meeting the Association must: (1) implement reasonable measures to verify that every person voting at the meeting by means of remote communications is sufficiently identified; and (2) keep a record of any vote or other action taken as set forth in Texas Business Organizations Code Section 6.002(b). While a community governed by Chapter 209 of the Texas Property Code is allowed to electronically vote during a virtual meeting, an Association governed by Chapter 82 of the Texas Property Code should consult their attorney to determine if electronic voting is permitted during a virtual meeting.
COVID-19 forced almost everyone to alter their way of life, and not always for the positive. But the rise of the virtual meeting has been a positive outcome that can last for years to come. The virtual meeting provides a productive setting to conduct association business with greater owner participation. It grants associations the ability to control speaking time limits and who is allowed to talk and at what part of the meeting. As a result, now that in-person meetings have resumed, many associations are choosing to maintain their virtual meetings for the benefit of all in the community.
