DC Legislative Update

DC Legislative Update

By: Brad Barna

E-Meetings “Mind the Gap”

Several years after the D.C. Council initially passed temporary legislation allowing condominium associations to hold virtual meetings and conduct electronic voting in response to the COVID-19 pandemic, permanent legislation is anticipated to come into effect on May 22, 2025. Over the intervening years, the D.C. Council has passed various versions of emergency and temporary legislation to aid condominium associations in conducting virtual meetings, but until earlier this year permanent legislation had not been adopted. One quirk in the DC legislative process may create a gap in the availability of virtual membership meetings for associations. The latest temporary legislation authorizing virtual meetings is set to expire on May 14, 2025, while the projected effective date for the permanent legislation is May 22, 2025. That projected effective date is based off of when the legislation was transmitted for Congressional Review under the D.C. Home Rule Act and could change. But if not, avoid holding virtual membership meetings in DC during the gap between the temporary and permanent legislation.

The new subsection (f) of Section 42-1903.03 of the D.C. Condominium Act will read as follows:

“Notwithstanding any language contained in this act or in the condominium instruments:

(1) Meetings of the unit owners’ association, executive board, or committees may be conducted or attended by       telephone conference, video conference, or similar electronic means. If a meeting is conducted by telephone conference, video conference, or similar electronic means, the equipment or system used must permit any unit owner in attendance to hear and be heard by, and to comprehend what is said by, all other unit owners participating in the meeting. Any unit owner, board member, or committee member attending such meeting shall be deemed present for quorum purposes.

(2) A link or instructions on how to access an electronic meeting shall be included in the notice required under subsection (a)of this section.

(3) Any matters requiring a vote of the unit owners’ association at an annual or regular meeting may be set by the executive board for a vote, and a ballot may be delivered with the notice required under subsection (a) of this section. The executive board may set a reasonable deadline for a ballot to be returned to the association.

(4) The executive board may authorize unit owners to submit votes by electronic transmission up to 7 days before the scheduled date of any meeting of the unit owners, and unit owners who submit votes during such period shall be deemed to be present and voting in person at such meeting.”

Electric Vehicle Legislation – Not so fast

The DC Council adopted legislation last fall entitled the Comprehensive Electric Vehicle Infrastructure Access, Readiness, and Sustainability Amendment Act of 2024 (Bill 25-106), which, among other things purported to define and limit the authority of condominium associations and community associations to regulate electric vehicle charging stations within their respective property.  This legislation provides for a number of requirements on owners proposing to install stations, including that they obtain approval, use qualified contractors, agree to indemnify the association, pay for the costs of install and use, and carry adequate insurance, among others. The law ostensibly marks a significant change in the landscape for how DC condominiums address owner requests to install EV charging stations; however, while the law has been passed, it is not yet legally effective.

In DC, laws are often passed “subject to funding” meaning that while the law is on the books, its provisions only take effect once the funding for the law has been included in an approved budget and financial plan. At present, the funding for this new law has not been included in any approved budget and financial plan and so the provisions of the law currently have no legal effect. Once a budget is approved that includes such funding, the text of the bill will trigger into effect, but that has not yet happened. One barrier to funding being included in any budget may be the mayor’s reticence to dedicate funds for its enactment. The bill was returned to the Council by the Mayor’s Office without signature and with a letter expressing concerns over the passage of laws for which there was no funding. It remains to be seen if and when the mayor will include funding for the law in a proposed Budget. Even without the law taking effect, association boards should take note of the text and plan for compliance in case the law takes effect. Moreover, boards should be prepared to address inquiries from owners who may have read the law, but who are not aware that it hasn’t taken effect at this point.