2/26/2015 SB 218 Starting Through Senate – More Potential Changes to HOA Voting and Other Procedures

Friday, March 6, 2015 | posted by Mindy Knudsen 2:00 PM

Senate Bill 218 has passed out of committee in the Utah Senate and is now moving forward on the floor of the senate. This bill would make several changes to the Revised Nonprofit Corporation Act. Those HOAs that are incorporated, which 95% are, will be subject to the changes in all sorts of areas. Among other things, the new HOA law would: (1) clarify that notice and member participation by text, email, and other electronic means is acceptable in more circumstances, (2) eliminate the ability to use written ballots in a meeting if those ballots were solicited as part of an effort to take action without a meeting, (3) clarify that a proxy may be sent by text, email, or other means of electronic communication, (4) clarifying the right of board members to approve of board actions by text and email, (5) limit the authority of committees, (6) clarify that other types of notice may be permitted for meetings of the members and board, (7) clarifies the conflict of interest section application to relatives of board members, and (8) clarifies the contents of articles of restatement.

Read SB 218

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