(a)CA Civil Law Code § 5450(a) This section only applies to a common interest development if gathering in person is unsafe or impossible because the common interest development is in an area affected by one or more of the following conditions:
(1)CA Civil Law Code § 5450(a)(1) A state of disaster or emergency declared by the federal government.
(2)CA Civil Law Code § 5450(a)(2) A state of emergency proclaimed by the Governor under Section 8625 of the Government Code.
(3)CA Civil Law Code § 5450(a)(3) A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code.
(b)CA Civil Law Code § 5450(b) Notwithstanding any other law or the association’s governing documents, and except as provided in subdivision (d), a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied:
(1)CA Civil Law Code § 5450(b)(1) Notice of the first meeting that is conducted under this section for a particular disaster or emergency affecting the association is delivered to members by individual delivery.
(2)CA Civil Law Code § 5450(b)(2) The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following:
(A)CA Civil Law Code § 5450(b)(2)(A) Clear technical instructions on how to participate by teleconference.
(B)CA Civil Law Code § 5450(b)(2)(B) The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting.
(C)CA Civil Law Code § 5450(b)(2)(C) A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so.
(3)CA Civil Law Code § 5450(b)(3) Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person.
(4)CA Civil Law Code § 5450(b)(4) Any vote of the directors shall be conducted by a roll call vote.
(5)CA Civil Law Code § 5450(b)(5) Any person who is entitled to participate in the meeting shall be given the option of participating by telephone.
(c)CA Civil Law Code § 5450(c) If, as a result of the disaster or emergency, mail delivery or retrieval is not possible at any association onsite address and the address on file with the association for that member is the same association onsite address, then the association shall send the notice of the first meeting referenced in paragraph (1) of subdivision (b) to any email address provided to the association by that member, in writing, pursuant to paragraph
(2) of subdivision (a) of Section 4040 or subdivision (b) of Section 4041.
(d)CA Civil Law Code § 5450(d) Subdivision (b) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120, unless both of the following conditions are met:
(1)CA Civil Law Code § 5450(d)(1) The meeting at which ballots are to be counted and tabulated is conducted by video conference.
(2)CA Civil Law Code § 5450(d)(2) The camera is placed in a location such that members can witness the inspector of elections counting and tabulating the votes.
(e)CA Civil Law Code § 5450(e) The remedies available pursuant to Section
4955 shall also be available to address violations of this section.
