In the post-pandemic era, virtual and hybrid meetings are no longer a crisis situation workaround; they’re just how boards and managers conduct community business now. Overall, that’s been a good thing. By offering in-person, video, call-in, and hybrid options, boards are modernizing the way they do things to better serve their communities, streamlining governance and increasing resident participation. Given that these platforms are here to stay, boards are looking to standardize the rules around virtual and hybrid meetings, from understanding and following legislative requirements to adopting best governance practices. 

State Laws & Statutory Requirements

During the pandemic, board meetings moved online out of pure necessity. Because it was such a different approach—and because the governing documents in many (if not most) older buildings and HOAs were drafted before email even existed, let alone the idea of virtual meetings—bylaws and governing documents were silent on the topics of remote governance and resident participation. 

Unfortunately, not having set rules left many boards in limbo, wondering if their proprietary leases or bylaws need to explicitly allow virtual-only or hybrid meetings, and how to standardize voting rules before making the transition. Since then, statutory requirements have evolved, often varying from state to state.

In Illinois, according to Michael Shifrin, founding attorney of Chicago-based law firm Shifrin Legal, “The Illinois Condominium Property Act explicitly permits board meetings to be held via video or teleconference, provided unit owners can observe or hear the meeting. Section 18(a)(9)(B) of the ICPA allows board members to participate "by any means of communication by which all persons participating in the meeting can hear each other," so long as owners are given proper notice and a way to observe or listen. 

“Importantly,” Schifrin notes, “the same statute also preserves the unit owners’ right to address the board during the open forum portion. That means if you’re hosting a virtual meeting, the technology used must allow owners not only to watch and listen, but also to speak during the designated time. While the Common Interest Community Association Act (CICAA) only applies to certain types of townhome and homeowners’ associations, its principles are similar. Boards should consult their governing documents, which may further define or limit how meetings can be conducted.

“Absent contrary provisions in the governing documents, associations may adopt procedures permitting—but not mandating—owners to attend meetings virtually, and to cast votes electronically,” says Stefan Richter, Office Managing Shareholder of law firm Becker and Poliakoff with offices around the U.S. “We recommend that the governing documents be reviewed to determine whether a board resolution is sufficient, or an amendment is required.” 

Scott Wolf, CEO of New England-based property management firm BRIGS, LLC agrees. “If the law in your particular state does not allow for remote participation,” he notes, “then it makes sense to update your governing documents and bylaws.”

Giving Notice 

According to the pros, Just because a meeting happens online doesn’t mean it’s exempt from the openness and notice requirements of Illinois law. 

“Associations must provide advance notice to all owners per the timeline outlined in the governing documents or the law,” says Schifrin, as well as “an agenda for what will be discussed, access information such as a Zoom link or dial-in number for the meeting, and a mechanism for owner participation, e.g. live comment, chat, or unmuted microphone during open forum. Failure to offer meaningful access can result in legal challenges—or at least a perception of impropriety among residents.” He also encourages board-management teams to consider including basic how-to guides or tech support tips with meeting notices.

Meeting Quorum & Counting Votes

Historically, meeting the required minimum number of voting members has been a challenge for many boards. The flexibility of participating remotely allows more residents to attend any given meeting, making it easier for boards to reach a quorum and vote on items on behalf of the community. 

In addition to making meetings easier to attend, new technologies also play a key role in ensuring confidentiality and fairness during elections. Electronic apps and digital platforms have blind voting options so everything remains anonymous. 

“Associations must be prepared to verify quorum, authenticate attendees, and conduct voting securely,” says Schifrin. “Boards may need to adopt a resolution outlining the virtual meeting procedures, including how quorum will be confirmed, how votes will be cast and counted, and how challenges will be addressed. Many associations use third-party platforms such as ElectionBuddy or Simply Voting to facilitate anonymous, secure balloting. Others rely on Zoom polls, email proxies, or voting by mail or ballot box. The key is using a method consistent with your governing documents, which may require physical ballots or specify the manner of voting.”

In a virtual meeting setting, establishing a quorum requires proving that a sufficient number of members possess real-time, two-way communication access, meaning everyone can be seen and heard. Boards need to be able to document who is present, confirm voting eligibility, and ensure no connections or lost or voters depart early. Typically, at the call to order, the chairperson or secretary of the board verifies members’ presence using a participant list, roll call, or digital sign-in. 

Robert’s Rules of Order states that if a connectivity failure (such as a dropped wifi signal, malfunctioning microphone, or other glitch) breaks quorum, all formal business and voting must cease immediately, limiting the body's legal actions strictly to recessing, attempting to contact disconnected members, setting an adjourned meeting date, or ending the meeting altogether. 

To prevent these kinds of disruptions, the pros recommend testing all audio and video equipment well ahead of time and having backup connections ready in case of any equipment or connection failures during the live meeting. 

Establishing Order 

Hybrid meetings allow boards to meet in-person while providing video access for remote attendees. “This way you’re in-person, but you’re also accommodating the people that want to video or call in,” says Wolf. The logistics of having attendees both on screen and in-person can get tricky, so again, make sure that cameras are placed at optimal angles in the meeting room before the meeting is called to order, that all microphones are functional, and that all attendees—on screen and in the room—have the opportunity to participate. 

The best board meetings are inclusive to all shareholders—young or old, tech-savvy or not. Having assistance and accommodations available ensures no one is left out. Having computer-literate people available to guide others through logging in is a start. According to Richter, “If facilities are available, virtual meetings can be broadcast where those who do not have access to the required technology can be present to participate,” such as in a community room, clubhouse, or other common area accessible to all. Richter further advises that “a total shift to virtual attendance and electronic voting may require individual accommodations.”

Wolf notes that “I’m seeing more and more people becoming tech-savvy. They’re learning, and even if they can’t figure out the computer or video options, they can call in on their phones to participate.” 

Like any meeting, communicating clear rules for participation in virtual and hybrid meetings is essential to keeping the proceedings on track and productive. These rules can be announced at the beginning of the meeting or included with the meeting notice ahead of time. “The key is to set the expectation right at the beginning,” says Wolf. “Let attendees know the rules: when you’ll be taking questions, whether you want them to raise their hand, calling on attendees in order. You can also keep everyone on mute and just unmute the speaker (who has raised their hand) to allow them to ask their question or state what they need to.”

Finding the Right Balance

“There’s no question that technology has made meetings more accessible,” says Schifrin. “Owners with mobility challenges, hectic work schedules, or travel conflicts are now able to attend meetings they previously missed.”

In addition to convenience and increased participation, Schifrin reiterates that virtual platforms also provide automatic transcription and recordings for better recordkeeping, allow for real-time polling and Q&A for feedback, and screen sharing for visual media like budget presentations and architectural plans. “These tools can increase transparency and owner engagement,” he notes. “That reduces suspicion and fosters trust.”

That said, even the most seamless, sophisticated tech will likely never replace the need for face-to-face human interaction. “Sometimes, there’s just no substitute for an in-person meeting,” says Wolf. “When you really need to deliver information, and you want everybody's focus and attention, certain meetings are better done in person.” He recalls a recent meeting he attended at a community with 700 units spread across four associations: “We had about 150 people show up, and that would never have gone well on a video platform.” 

And, adds Schifrin, despite the advantages of conducting your community’s business virtually, there are risks to consider: “Not all residents are comfortable or capable with video technology,” he says, “so efforts must be made to ensure that these folks are kept informed, and their participation facilitated by alternative means. Meeting links should not be posted publicly without appropriate safeguards, and access to sensitive documents must be controlled.”

And, he notes that procedural missteps during a meeting can cause trouble too. “Failing to mute attendees during votes, mishandling chat questions, or allowing the wrong participants to speak can quickly derail a meeting into chaos,” he says. “Understand how to use your chosen platform, and make sure the person running the meeting knows its various functionalities and limitations. Training board members and having a designated meeting host or tech monitor can mitigate many of these concerns.”

“As technology continues to evolve,” says Schifrin, “so too must the governance practices of community associations. While virtual meetings may not replace in-person gatherings entirely, they are now a permanent and valuable option for Illinois associations seeking to engage their membership and conduct business transparently. Boards that embrace this evolution—with attention to legal compliance and operational discipline—will find themselves better equipped to serve their communities in the modern age.”

Kate Mattiace is Associate Editor of CooperatorNews Chicagoland.