                                 CODE OF VIRGINIA

MEETINGS OF THE BOARD OF DIRECTORS (§ 55.1-1816)

A. All meetings of the board of directors, including any subcommittee or other
committee of the board of directors, where the business of the association is
discussed or transacted shall be open to all members of record. The board of
directors shall not use work sessions or other informal gatherings of the board
of directors to circumvent the open meeting requirements of this section.
Minutes of the meetings of the board of directors shall be recorded and shall be
available as provided in subsection B of &#xA7; 55.1-1815.

B. Notice of the time, date, and place of each meeting of the board of directors
or of any subcommittee or other committee of the board of directors shall be
published where it is reasonably calculated to be available to a majority of the
lot owners.
			A lot owner may make a request to be notified on a continual basis of any
such meetings. Such request shall be made at least once a year in writing and
include the lot owner&#8217;s name, address, zip code, and any email address as
appropriate. Notice of the time, date, and place shall be sent to any lot owner
requesting notice (i) by first-class mail or email in the case of meetings of
the board of directors or (ii) by email in the case of meetings of any
subcommittee or other committee of the board of directors.
			Notice, reasonable under the circumstances, of special or emergency meetings
shall be given contemporaneously with the notice provided to members of the
association&#8217;s board of directors or any subcommittee or other committee of
the board of directors conducting the meeting.
			Unless otherwise exempt as relating to an executive session pursuant to
subsection C, at least one copy of all agenda packets and materials furnished to
members of an association&#8217;s board of directors or subcommittee or other
committee of the board of directors for a meeting shall be made available for
inspection by the membership of the association at the same time such documents
are furnished to the members of the board of directors or any subcommittee or
committee of the board of directors.
			Any member may record any portion of a meeting that is required to be open.
The board of directors or subcommittee or other committee of the board of
directors conducting the meeting may adopt rules (a) governing the placement and
use of equipment necessary for recording a meeting to prevent interference with
the proceedings and (b) requiring the member recording the meeting to provide
notice that the meeting is being recorded.
			Except for the election of officers, voting by secret or written ballot in an
open meeting shall be a violation of this chapter.

C. The board of directors or any subcommittee or other committee of the board of
directors may (i) convene in executive session to consider personnel matters;
(ii) consult with legal counsel; (iii) discuss and consider contracts, pending
or probable litigation, and matters involving violations of the declaration or
rules and regulations; or (iv) discuss and consider the personal liability of
members to the association, upon the affirmative vote in an open meeting to
assemble in executive session. The motion shall state specifically the purpose
for the executive session. Reference to the motion and the stated purpose for
the executive session shall be included in the minutes. The board of directors
shall restrict the consideration of matters during such portions of meetings to
only those purposes specifically exempted and stated in the motion. No contract,
motion, or other action adopted, passed, or agreed to in executive session shall
become effective unless the board of directors or subcommittee or other
committee of the board of directors, following the executive session, reconvenes
in open meeting and takes a vote on such contract, motion, or other action,
which shall have its substance reasonably identified in the open meeting. The
requirements of this section shall not require the disclosure of information in
violation of law.

D. Subject to reasonable rules adopted by the board of directors, the board of
directors shall provide a designated period during each meeting to allow members
an opportunity to comment on any matter relating to the association. During a
meeting at which the agenda is limited to specific topics or at a special
meeting, the board of directors may limit the comments of members to the topics
listed on the meeting agenda.

E. The requirements of this section govern the conduct of meetings of the board
of directors without regard to whether the property owners&#8217; association is
incorporated or unincorporated but shall not be interpreted to supersede
corporate authorities otherwise established by law or the governing documents.

HISTORY: 1999, c. 1029, § 55-510.1; 2000, c. 905; 2001, c. 715; 2003, c. 404;
2004, c. 333; 2005, c. 353; 2019, c. 712; 2021, Sp. Sess. I, cc. 9, 494; 2023,
cc. 387, 388; 2024, c. 82.