On August 6, 2024, Massachusetts Governor Maura Healey signed the Affordable Homes Act into law. An Act relative to the Affordable Homes Act, H. 4977, had been approved by both the Massachusetts Senate and House of Representatives on August 1, 2024.

Virtual meetings and electronic voting will improve attendance at and participation in community meetings, facilitating positive improvements to individual communities.

The Affordable Homes Act authorizes spending and policy initiatives to support the production, preservation and rehabilitation of thousands of homes across Massachusetts, in an effort to counter rising housing costs caused by high demand and limited supply.

The law adds Section 24 to Chapter 183A, relative to electronic meetings and voting in condominiums:

• Section 24(a) provides that the governing body of the organization of unit owners may conduct regularly scheduled or special meetings by telephonic or video conference call, or other interactive electronic communication process, provided that all participants are able to simultaneously communicate during the meeting. This section also provides that presence by electronic means will satisfy quorum requirements, and that the governing body may vote on any action and approve meeting minutes by electronic means.

• Section 24(b) provides that the governing body of the condominium may conduct annual or special meetings of unit owners where physical presence is not required, including telephonic or video conference call, or other interactive electronic communication process. Under this section, the governing body must notify all unit owners of such electronic meetings, provide access to information, and ensure that unit owners can participate fully, by reading or hearing the proceedings and posing questions or comments. Presence by electronic means will satisfy quorum requirements under this section.

• Section 24(c) provides that the governing body can allow unit owners to vote by mail-in ballot or by electronic means. The governing body may also promulgate and amend its own policies on electronic meetings and voting in accordance with the governing documents of the condominium. For any matter that requires the signature or written consent of unit owners under the governing documents, electronically submitted signatures or written consent may be allowed.

The Affordable Homes Act and the amendment to G.L. c. 183A, signed into law by Governor Healey, will provide significant benefits to condominium associations. In the aftermath of the COVID-19 pandemic, many condominium associations faced challenges where their communities had grown accustomed to virtual meetings that had been held out of necessity, but their governing documents did not allow for continued telephonic or video conference meetings. This amendment will allow electronic meetings and voting notwithstanding any provisions in a master deed, declaration of trust, or condominium by-laws to the contrary.

We anticipate that the allowance of virtual meetings and electronic voting will improve attendance at, and participation in, community meetings, facilitating positive improvements to individual communities. With greater flexibility for community meetings, owners who would not otherwise be able to attend meetings in person will have the opportunity to participate virtually, increasing the likelihood of achieving quorum at meetings and allowing greater flexibility for associations to schedule their meetings.

At the time the Affordable Homes Act was passed, 25 states allow electronic voting and 21 allow virtual meetings for condominium associations throughout the United States. In New England, our neighboring states of Maine and Connecticut both have statutes allowing these flexible meeting options, and MBM is happy to report that Massachusetts has joined that list! With the enactment of the Affordable Homes Act, MBM is hopeful that condominium associations in Massachusetts will see increased efficiency, participation, flexibility, and engagement.

MBM will continue to keep our clients and the industry apprised of any developments.