                                 CODE OF VIRGINIA

USE OF TECHNOLOGY (§ 55.1-1832)

A. Unless expressly prohibited by the declaration, (i) any notice required to be
sent or received or (ii) any signature, vote, consent, or approval required to
be obtained under any declaration or bylaw provision or any provision of this
chapter may be accomplished using electronic means.

B. The association, the lot owners, and those entitled to occupy a lot may
perform any obligation or exercise any right under any declaration or bylaw
provision or any provision of this chapter by use of electronic means.

C. An electronic signature meeting the requirements of applicable law shall
satisfy any requirement for a signature under any declaration or bylaw provision
or any provision of this chapter.

D. Voting on, consent to, and approval of any matter under any declaration or
bylaw provision or any provision of this chapter may be accomplished by
electronic means, provided that a record is created as evidence of such vote,
consent, or approval and maintained as long as such record would be required to
be maintained in nonelectronic form. If the vote, consent, or approval is
required to be obtained by secret ballot, the electronic means shall protect the
identity of the voter. If the electronic means cannot protect the identity of
the voter, another means of voting shall be used.

E. Subject to other provisions of law, no action required or permitted by any
declaration or bylaw provision or any provision of this chapter need be
acknowledged before a notary public if the identity and signature of such person
can otherwise be authenticated to the satisfaction of the board of directors.

F. Any meeting of the association, the board of directors, or any committee may
be held entirely or partially by electronic means, provided that the board of
directors has adopted guidelines for the use of electronic means for such
meetings. Such guidelines shall ensure that persons accessing such meetings are
authorized to do so and that persons entitled to participate in such meetings
have an opportunity to do so. The board of directors shall determine whether any
such meeting may be held entirely or partially by electronic means.

G. If any person does not have the capability or desire to conduct business
using electronic means, the association shall make available a reasonable
alternative, at its expense, for such person to conduct business with the
association without use of such electronic means.

H. This section shall not apply to any notice related to an enforcement action
by the association, an assessment lien, or foreclosure proceedings in
enforcement of an assessment lien.

HISTORY: 2010, c. 432, § 55-515.3; 2019, c. 712; 2021, Sp. Sess. I, cc. 9, 494.