The NC Executive Order allowing electronic membership meetings (Executive Order #198) was set to expire today, Monday, May 10. That Order has now been extended by Executive Order #212 through Tuesday, June 1, 2021.
As a result, nonprofit membership meetings may continue to be held virtually so long as certain conditions are met. Such a process is likely needed by some larger associations a bit longer, as a different Executive Order (EO #209) still caps the maximum number of people for indoor gatherings at 100 and for outdoor gatherings at 200 “at the same time in a single confined indoor or outdoor space.” These requirements must be taken into account when planning in-person association meetings.
This is the shortest extension of the Executive Order and suggests the State is continuing to move towards a lifting of most restrictions by June 1, as previously announced. On April 21, Governor Roy Cooper and NC Department of Health and Human Services Secretary Mandy K. Cohen, M.D. stated that “with stable trends and continued vaccination success, the state expects to lift mandatory social distancing, capacity, and mass gathering restrictions by June 1.”
A link to Executive Order #212 can be found here: Reissuing Prior Executive Orders on Remote Shareholder and Nonprofit Meetings During the COVID-10 State of Emergency.
Our firm has assisted with many hundreds of member meetings, including by advising in advance of the meeting, hosting the meeting on our platform, or by an attorney being present to help run the meeting or answer owner questions. If we can help with any annual or special membership meeting issues in North or South Carolina, contact one of the HOA/condo attorneys at any of our offices.