COVID-19 Resource Center


 

Webinar: Legal Governance Challenges for Associations During a Pandemic

Originally recorded May 13, 2020

In addition to its effects on association planned in-person meetings and conferences, the COVID-19 pandemic has also greatly impacted association governance.

From cancelled membership meetings to virtual board meetings to online elections to an inability to meet governance requirements imposed by law, bylaws or policy, associations are struggling to find answers to a host of pressing governance questions.

Where do you find these answers, what are practical and workable solutions to these significant challenges, and what will constitute compliance with the law and your own governing documents? This webinar will answer these questions, as well as others such as:

  • If our bylaws require an annual membership meeting and we have cancelled our annual conference, can this requirement be waived?
  • If we can’t hold our annual membership meeting in person – to hold board elections or otherwise – can we hold it virtually? Alternatively, can members vote by email?
  • I heard that New York’s Governor recently signed an executive order to allow membership meetings for New York not-for-profit corporations to be held “remotely or by electronic means.” Have other states’ Governors signed similar orders and are they necessary?
  • I heard that some states’ nonprofit corporation statutes only allow more permissive electronic or virtual meeting structures if codified in your articles of incorporation. If that is not the case already, how can we make such a change?
  • What happens if we don’t follow a mandate or procedure dictated by state law or our own bylaws? What are the potential consequences?
  • I know that our board can meet by audio- or videoconference with the same legal effect as an in-person meeting, but can board members vote by proxy or by email ballot, particularly during the current pandemic?
  • Bonus: What is the potential liability to the association as we begin to return to some version of “business as usual” over the coming months and get back together for in-person meetings or events?

As membership and board governance issues are so critical to the healthy functioning of an association – and as this is a very complex, nuanced area of the law, and one that varies from state to state – this is an important webinar that promises to offer real-time, practical advice and guidance, best practices, and suggestions for avoiding pitfalls.

A recording of this webinar can be found below. In addition, following please find some additional reading on this topic and a related topic in articles written by Jeffrey S. Tenenbaum, Esq:

ARTICLE: Legal Governance Challenges for Associations During a Pandemic

ARTICLE: Mitigating Nonprofit Liability Risk from Workplace Reopenings in the Midest of COVID-19

PPT PRESENTATION: Legal Governance Challenges for Associations During a Pandemic

Webinar Recording:

Speaker:
Jeffrey S. Tenenbaum, Esq.
Managing Partner
Tenenbaum Law Group PLLC
Washington, DC

Jeff Tenenbaum is one of the nation's leading nonprofit attorneys, and also is an accomplished author, lecturer, and commentator on nonprofit legal matters. As Managing Partner of the Washington, DC-based Tenenbaum Law Group, Jeff counsels his clients on the broad array of legal issues affecting trade and professional associations, charities, and other nonprofits. For 19 years, Jeff practiced law at the Venable law firm and chaired its nonprofit practice for most of that time. Among numerous other honors and awards, Jeff was the 2006 recipient of the American Bar Association's Outstanding Nonprofit Lawyer of the Year Award and is one of only five lawyers in the prestigious U.S. Legal 500’s Not-for-Profit "Hall of Fame." Jeff is the author of the ASAE-published book, Association Tax Compliance Guide, and currently serves as Chair of the American Bar Association’s Trade and Professional Associations Subcommittee and on the ASAE Legal Advisory Council and Public Policy Committee.

 


 

Webinar: Adding Member Value in the Time of COVID-19

Originally recorded April 6, 2020

Associations are the voice and the backbone of the industries they represent – and that’s true now more than ever. In a session facilitated by Lowell Aplebaum, CAE, CEO and Strategy Catalyst, Vista Cova, association professionals from across the country came together to share focused examples of how their organizations have pivoted to create meaningful value in this moment of disruption – and what feedback they heard from their members and their industries at large.

A recording of this webinar can be found below. Click here to access a full listing of websites referenced throughout the webinar.