2023 Maryland Statutes
Real Property
Title 11B - Maryland Homeowners Association Act
Section 11B-113.6 - Attendance at Virtual Meetings -- Attendees Deemed Present -- Voting and Ballots -- Technical Linking Difficulties Not Invalidating

    (a)    (1)    Notwithstanding language contained in the governing documents of the homeowners association, the governing body may authorize meetings of the homeowners association, the governing body, or a committee of the homeowners association to be conducted or attended by telephone conference, video conference, or similar electronic means.

        (2)    If a meeting is conducted by telephone conference, video conference, or similar electronic means, the equipment or system used must permit any lot owner, board member, or committee member in attendance to hear and be heard by all others participating in the meeting.

        (3)    A link or instructions on how to access the meeting by telephone conference, video conference, or similar electronic means shall be included in the notice of the meeting.

        (4)    No specific authorization from lot owners shall be required to hold a meeting electronically.

    (b)    Any lot owner, board member, or committee member attending a meeting by telephone conference, video conference, or similar electronic means shall be deemed present for quorum and voting purposes.

    (c)    (1)    (i)    Any matter requiring a vote of the homeowners association may be set by the governing body for a vote at the meeting, and a ballot may be delivered to members with notice of the meeting.

            (ii)    Only those lot owners present during the telephone conference, video conference, or similar electronic meeting shall be authorized to vote a ballot in accordance with this subsection.

            (iii)    Lot owners who are not present at the meeting may:

                1.    Vote by proxy in accordance with the requirements of the governing documents and this title; and

                2.    Be considered present for quorum purposes through their proxy.

        (2)    (i)    The governing body may set a reasonable deadline for return of a ballot to the homeowners association, including return by electronic transmission.

            (ii)    The deadline for return of the ballot shall be not later than 24 hours after the conclusion of the meeting.

    (d)    Notwithstanding language contained in the governing documents of the homeowners association, nominations from the floor at the meeting are not required if at least one candidate has been nominated to fill each open position in the governing body.

    (e)    The inability of a lot owner to join a meeting due to technical difficulties with the lot owner’s telephone, computer, or other electronic device does not invalidate the meeting or any action taken at the meeting.