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Association Answers: Renewed Executive Order on Virtual HOA Meetings

North Carolina Governor Cooper Extends Executive Order Allowing Virtual Meetings for HOAs and other Nonprofits

Back view of female employee speak talk on video call with diverse multiracial colleagues on online event briefing, woman worker have Webcam group conference with coworkers on modern laptop at homeNorth 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:

https://files.nc.gov/governor/documents/files/EO198-Reissuing-Shareholder-Nonprofit-Remote-Meetings.pdf

https://files.nc.gov/governor/documents/files/EO195-Easing-Restrictions.pdf

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.

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ABOUT MIKE HUNTER

mike.hunter@offitkurman.com | 704.716.0817

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.

 

 

 

 

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