§55-510.1 of the Virginia Property Owners Association Act or §55-79.75B of the Virginia Condominium Act:

“All meetings of the board of directors shall be open to all members of record. The board of directors shall not use work sessions or other informal gatherings of the board to circumvent the open meeting requirements of this section. Minutes shall be recorded and shall be available as provided below etc.”

Under the Virginia Property Owners’ Association Act (POAA), board votes generally must occur during open, noticed meetings, making email voting invalid except for emergencies requiring unanimous consent. While electronic meetings are allowed, email cannot replace the open meeting requirement for substantive decisions unless a unanimous written consent is documented afterwards.

Key Aspects of Virginia HOA Board Votes & Email:

• Open Meetings Requirement: Virginia Code § 55.1-1816 requires that board actions/votes occur in meetings open to members, meaning informal email voting is generally prohibited.
• The “Emergency” Exception: Email polls can only be used for urgent matters where an immediate decision is needed. If a poll is taken, it must result in unanimous consent, which is then documented in a formal written action.
• Electronic Meetings: VA Code § 55.1-1832 allows meetings to be held by electronic means (e.g., Zoom/phone), and votes can be cast via electronic means, provided they are part of a conducted, noticed meeting.
• Notice Requirements: Members must be notified of meetings, with VA Code § 55-510.1 allowing notification by email or first-class mail.

 

The concern:  A board member may not have email and therefore did not know about an action and did not have the opportunity to participate.  

Take away: In emergency email discussions and votes, be sure every board member has the opportunity to be heard, i.e., every board member must vote.

At the next board meeting revisit anything that was discussed/voted on via email so it becomes part of the official minutes.