On February 28, 2023, the COVID-19 state of emergency declared in California nearly three years ago will end. The end of the state of emergency will have some impacts on your association, including the requirement to have a physical meeting place for all board meetings reinstated by the Civil Code.
In 2021, Governor Newsom signed into law Senate Bill 391, which created Civil Code Section 5450. This new addition to the Davis Sterling Act allows board meetings and member meetings of common interest developments to be held remotely without a physical location should it be impossible or unsafe to hold such meetings in person in an area affected by one or more of the below conditions:
- A state of disaster or emergency declared by the federal government.
- A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
- A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
Some associations took advantage of this new Civil Code section and have been holding remote meetings ever since. However, with the end of the COVID-19 state of emergency not far off, associations will no longer be able to claim it is unsafe or impossible to meet in person due to COVID-19 since a state of emergency regarding the same will no longer exist. However, should an association located in an area that still has an active COVID-19 state of emergency after the COVID-19 state of emergency ends, board meetings could still occur virtually for as long as the local COVID-19 state of emergency remains.
Given most of the state will no longer be under a COVID-19 state of emergency past February 28, 2023, Civil Code Section 4090 will control the requirements for board meetings, which includes the requirement any board meetings held virtually have at least one physical location where members can attend with one board member or a designated person by the board to be present at that physical location. (See Civil Code Section 4090). Should this requirement for virtual board meetings not be met, members can sue an association under Civil Code Section 4955 to enforce the members’ rights. A court would assess a penalty of $500 for each violation of the association should a member prevail on his/her suit.
The end of the COVID-19 state of emergency will not change much of the status quo for homeowner associations. However, with the end of COVID-19 comes the end of the Zoom era, and associations need to come to terms with this. Open board and member meetings will require a physical location when there is no COVID-19 state of emergency, even if some members do have COVID-19. Please consult your counsel for additional guidance.