Alabama commonly permits corporations, associations, and
nonprofits to conduct remote and virtual meetings. Remote meetings contingent
on an association’s articles of incorporation, charter, or bylaws. If governing
documents are silent, remote and virtual meetings are allowed. The Alabama
Nonprofit Corporation Law governs nonprofit corporations regarding corporate
structure and procedure. Homeowners’ associations created after January 1,
2016, must be organized as nonprofit corporations under Ala. Code §
35-20-5(a). Condominium associations may be organized as profit or
nonprofit corporations. Ala. Code §
35-8A-301. Contact your association’s attorney to see what your community’s
options are for virtual meetings based upon your governing documents.
Applicable Statute: Nonprofit Corporation Act
2019
Code of Alabama Title 10A - Alabama Business and Nonprofit Entities Code.
Chapter 3 - Nonprofit Corporations. Article 2 - Substantive Provisions.
Division A - Members and Directors.
Section
10A-3-2.13 - Place and notice of directors' meetings; committee meetings.
(c) Except as may be otherwise
restricted by the nonprofit corporation’s governing documents, members of the
board of directors or any committee designated thereby may participate in a
meeting of the board or committee by means of a conference telephone or similar
communications equipment by means of which all persons participating in the
meeting can hear each other at that same time and participation by the means
shall constitute presence in person at a meeting.
Universal Citation: AL Code § 10A-3-2.13 (2019)