North Carolina Governor Cooper Extends Executive Order Allowing Virtual Meetings for HOAs and other Nonprofits
North Carolina Governor Roy Cooper has again extended his previous Executive Orders allowing nonprofit corporations (which includes most HOAs) to conduct membership meetings via electronic means, such as Zoom, GoToMeeting, and Microsoft Teams. This most recent order continues the accommodation until Monday, May 10, 2021, or until the Declaration of a State of Emergency has been lifted, whichever occurs first.
The key provisions of EO 198 read as follows:
“WHEREAS, electronic devices and processes exist that allow members and directors to be in the same place that a separately located meeting is being conducted and to participate in the separately located meeting by sight and sound; and
WHEREAS, nonprofit corporations have sought guidance as to the interaction between the Mass Gathering restrictions and the North Carolina Nonprofit Corporation Act; and
WHEREAS, for the protection of public health, the undersigned encourages North Carolina nonprofit corporations to hold members’ and board of directors’ meetings by remote participation and balloting, to the maximum extent practicable, to prevent members and directors from having to gather in a place, and thereby to promote social distancing and the mitigation of the spread of COVID-19;”
The Governor also issued an additional Executive Order #195, which eases some restrictions on certain businesses and venues – notably bars, restaurants, larger venues, museums, fitness facilities, parks and outdoor athletic fields. This order also raised the limits on indoor gatherings from 10 persons to 25, and the limit on outdoor gatherings from 25 to 50.
The full text of these Executive Orders can be found here:
Offit Kurman’s community and condominium association attorneys have been assisting our clients for several months on coordinating and conducting virtual meetings. If you have questions or concerns, contact one of our experienced attorneys.
ABOUT MIKE HUNTER
Mike Hunter’s practice focuses on community and condominium association law. He represents more than 700 associations across North Carolina.
Mike’s background includes real estate and litigation, with a concentration in the area of creditors’ rights, including debt collection, bankruptcy, foreclosure, lien enforcement, and collateral recovery.
From 1995 to 2006, Mike served as an assistant attorney for the Mecklenburg County Sheriff’s Office, primarily in the areas of civil process and judgment enforcement.
ABOUT OFFIT KURMAN
At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we focus on furthering our clients’ objectives and provide timely services and within budget, all while focusing on the clients’ interests and goals.
Offit Kurman is one of the fastest-growing, full-service law firms in the United States. With over 230 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well-positioned to meet dynamic businesses’ needs, as well as the needs of the people who own and operate them. We also provide representation of individuals and families in diverse matters ranging from estate planning and asset protection to intellectual property structuring and entrepreneurial start-ups. Our International Group provides clients with a broad range of services for transactions and dispute representation for clients worldwide, including Europe, Canada, Asia, Latin America, the Middle East and Africa.
At Offit Kurman, we distinguish ourselves by the quality, breadth, and global reach of our legal services — as well as our unique operational structure, which encourages a culture of collaboration and entrepreneurialism. The same approach that makes our firm attractive to legal practitioners interested in representing clients in the middle market, also gives clients access to experienced counsel in almost every area of the law and in many jurisdictions in the U.S. and abroad
Subscribe and follow us on our Blog, and on Facebook, Twitter, Instagram, YouTube, and LinkedIn. You can also sign up to receive LawMatters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
DELAWARE | MARYLAND | NEW JERSEY | NEW YORK | NORTH CAROLINA | PENNSYLVANIA |SOUTH CAROLINA | VIRGINIA | WASHINGTON, DC