                                 CODE OF VIRGINIA

MEETINGS OF UNIT OWNERS&#8217; ASSOCIATION AND EXECUTIVE BOARD (§ 55.1-1949)

A. 1. Meetings of the unit owners&#8217; association shall be held in accordance
with the provisions of the condominium instruments at least once each year after
the formation of the association. The bylaws shall specify an officer or his
agent who shall, at least 21 days in advance of any annual or regularly
scheduled meeting and at least seven days in advance of any other meeting, send
to each unit owner notice of the time, place, and purposes of such meeting. In
the event of cancellation of any annual meeting of the unit owners&#8217;
association at which directors are elected, the seven-day notice of any
subsequent meeting scheduled to elect such directors shall include a statement
that the meeting is scheduled for the purpose of the election of directors.

   2. Notice shall be sent by United States mail to all unit owners of record at
   the address of their respective units, unless the unit owner has provided to
   such officer or his agent an address other than the address of the unit, or
   notice may be hand delivered by the officer or his agent, provided that the
   officer or his agent certifies in writing that notice was delivered to the
   person of the unit owner.

   3. In lieu of delivering notice as specified in subdivision 2, such officer or
   his agent may send notice by electronic means if consented to by the unit
   owner to whom the notice is given, provided that the officer or his agent
   certifies in writing that notice was sent and, if such electronic mail was
   returned as undeliverable, notice was subsequently sent by United States mail.

B. 1. Except as otherwise provided in the condominium instruments, the
provisions of this subsection shall apply to executive board meetings at which
business of the unit owners&#8217; association is transacted or discussed. All
meetings of the unit owners&#8217; association or the executive board, including
any subcommittee or other committee of such association or board, shall be open
to all unit owners of record. The executive board shall not use work sessions or
other informal gatherings of the executive board to circumvent the open meeting
requirements of this section. Minutes of the meetings of the executive board
shall be recorded and shall be available as provided in § 55.1-1945.

   2. Notice of the time, date, and place of each meeting of the executive board
   or of any subcommittee or other committee of the executive board, and of each
   meeting of a subcommittee or other committee of the unit owners&#8217;
   association, shall be published where it is reasonably calculated to be
   available to a majority of the unit owners.
   				A unit owner may make a request to be notified on a continual basis of any
   such meetings, which request shall be made at least once a year in writing and
   include the unit owners&#8217; name, address, zip code, and any email address
   as appropriate. Notice of the time, date, and place shall be sent to any unit
   owner requesting notice (i) by first-class mail or email in the case of
   meetings of the executive board or (ii) by email in the case of meetings of
   any subcommittee or other committee of the executive board or of a
   subcommittee or other committee of the unit owners&#8217; association.
   				Notice, reasonable under the circumstances, of special or emergency
   meetings shall be given contemporaneously with the notice provided to members
   of the (i) executive board or any subcommittee or other committee of such
   board or (ii) subcommittee or other committee of the unit owners&#8217;
   association conducting the meeting.

   3. 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 the executive board or subcommittee or other committee of the
   executive board for a meeting shall be made available for inspection by the
   membership of the unit owners&#8217; association at the same time such
   documents are furnished to the members of the executive board.

   4. Any unit owner may record any portion of a meeting required to be open. The
   executive board or subcommittee or other committee of the executive board
   conducting the meeting may adopt rules (i) governing the placement and use of
   equipment necessary for recording a meeting to prevent interference with the
   proceedings and (ii) requiring the unit owner recording the meeting to provide
   notice that the meeting is being recorded.

   5. Voting by secret or written ballot in an open meeting is a violation of
   this chapter except for the election of officers.

C. The executive board or any subcommittee or other committee of the executive
board may convene in executive session to consider personnel matters; consult
with legal counsel; discuss and consider contracts, probable or pending
litigation, and matters involving violations of the condominium instruments or
rules and regulations promulgated pursuant to such condominium instruments for
which a unit owner, his family members, tenants, guests, or other invitees are
responsible; or discuss and consider the personal liability of unit owners to
the unit owners&#8217; 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
executive board 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 executive board or
subcommittee or other committee of the executive board, 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 do not require the disclosure of
information in violation of law.

D. Subject to reasonable rules adopted by the executive board, the executive
board shall provide a designated period during each meeting to allow unit owners
an opportunity to comment on any matter relating to the unit owners&#8217;
association. During a meeting at which the agenda is limited to specific topics
or at a special meeting, the executive board may limit the comments of unit
owners to the topics listed on the meeting agenda.

HISTORY: 1974, c. 416, § 55-79.75; 1978, c. 363; 1989, c. 58; 1990, c. 662;
1992, c. 72; 2000, c. 906; 2001, c. 715; 2003, cc. 404, 405, 442; 2005, c. 353;
2007, c. 675; 2013, c. 275; 2019, c. 712; 2021, Sp. Sess. I, cc. 9, 494.