2006 Code of Virginia § 55-510.1 - Meetings of the board of directors

55-510.1. Meetings of the board of directors.

A. All meetings of the board of directors, including any subcommittee orother committee thereof, shall be open to all members of record. The board ofdirectors shall not use work sessions or other informal gatherings of theboard of directors to circumvent the open meeting requirements of thissection. Minutes of the meetings of the board of directors shall be recordedand shall be available as provided in subsection B of 55-510.

B. Notice of the time, date and place of each meeting of the board ofdirectors or of any subcommittee or other committee thereof shall bepublished where it is reasonably calculated to be available to a majority ofthe lot owners.

A lot owner may make a request to be notified on a continual basis of anysuch meetings which request shall be made at least once a year in writing andinclude the lot owners' name, address, zip code, and any e-mail address asappropriate. Notice of the time, date, and place shall be sent to any lotowner requesting notice (i) by first-class mail or e-mail in the case ofmeetings of the board of directors or (ii) by e-mail in the case of meetingsof any subcommittee or other committee of the board of directors.

Notice, reasonable under the circumstances, of special or emergency meetingsshall be given contemporaneously with the notice provided members of theassociation's board of directors or any subcommittee or other committeethereof conducting the meeting.

Unless otherwise exempt as relating to an executive session pursuant tosubsection C, at least one copy of all agenda packets and materials furnishedto members of an association's board of directors or subcommittee or othercommittee thereof for a meeting shall be made available for inspection by themembership of the association at the same time such documents are furnishedto the members of the board of directors or any subcommittee or committeethereof.

Any member may record any portion of a meeting required to be open. The boardof directors or subcommittee or other committee thereof conducting themeeting may adopt rules (i) governing the placement and use of equipmentnecessary for recording a meeting to prevent interference with theproceedings and (ii) requiring the member recording the meeting to providenotice that the meeting is being recorded.

If a meeting is conducted by telephone conference or video conference orsimilar electronic means, at least two members of the board of directorsshall be physically present at the meeting place included in the notice. Theaudio equipment shall be sufficient for any member in attendance to hear whatis said by any member of the board of directors participating in the meetingwho is not physically present.

Voting by secret or written ballot in an open meeting shall be a violation ofthis chapter except for the election of officers.

C. The board of directors or any subcommittee or other committee thereof mayconvene in executive session to consider personnel matters; consult withlegal counsel; discuss and consider contracts, pending or probable litigationand matters involving violations of the declaration or rules and regulationsadopted pursuant thereto for which a member, his family members, tenants,guests or other invitees are responsible; or discuss and consider thepersonal liability of members to the association, upon the affirmative votein an open meeting to assemble in executive session. The motion shall statespecifically the purpose for the executive session. Reference to the motionand the stated purpose for the executive session shall be included in theminutes. The board of directors shall restrict the consideration of mattersduring such portions of meetings to only those purposes specifically exemptedand stated in the motion. No contract, motion or other action adopted, passedor agreed to in executive session shall become effective unless the board ofdirectors or subcommittee or other committee thereof, following the executivesession, reconvenes in open meeting and takes a vote on such contract, motionor other action which shall have its substance reasonably identified in theopen meeting. The requirements of this section shall not require thedisclosure of information in violation of law.

D. Subject to reasonable rules adopted by the board of directors, the boardof directors shall provide a designated period of time during a meeting toallow members an opportunity to comment on any matter relating to theassociation. During a meeting at which the agenda is limited to specifictopics or at a special meeting, the board of directors may limit the commentsof members to the topics listed on the meeting agenda.

(1999, c. 1029; 2000, c. 905; 2001, c. 715; 2003, c. 404; 2004, c. 333; 2005,c. 353.)

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