WardellD (Washington)
Posts: 64
Posts: 64
Posted:
Can voting by mail be valid for the purpose of establishing a quorum.
Thanks
Wardell
Thanks
Wardell
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Voting by mail
Started by WardellD • 6 replies • 2390 views
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RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
WardellD, do your bylaws address this? Voting by mail usually does not count towards a quorum at a meeting; proxies do. However, voting by ballot without a meeting is normally allowed.
Roger
Roger
DebbieR (Colorado)
Posts: 5
Posts: 5
Posted:
To add another layer... Can one Board member give a proxy to another Baord member in order to cause a qourum at a Baord meeting?
Can Board memebers be present by "phone " in order to cause a quorum and/or a majority vote?
Debbie J.
Can Board memebers be present by "phone " in order to cause a quorum and/or a majority vote?
Debbie J.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
DebbieJ, check your bylaws to determine what is and is not allowed. No proxies allowed at Board meeting; present by phone not allowed; and board allowed to do business by phone or e-mail and documented at the next board meeting are often allowed by the bylaws.
Roger
Roger
WardellD (Washington)
Posts: 64
Posts: 64
Posted:
This is what our by-laws state:
ARTICLE V MEETINGS
SECTION 1. Annual meetings of the members of the corporation shall be held at the principal place of business of the corporation or at such other place as the Board of Trustees may elect. The annual meeting shall be held during the first quarter of each calendar year, at a time, date and place to be determined by the Board of Trustee's (adopted 6/25/01 by Community). Notice thereof shall be given by the secretary by mailing notice to each member not less than ten days prior to the date of the meeting.
SECTION 2. Special meetings of the members may be called at any time by the President or a majority of the Board of Trustees or by 25% of the members and notices of the special meeting stating the object thereof shall be given by the Secretary by mailing such notice to each member not less than five days prior to the date on which such meeting is to be held.
SECTION 3. At all annual and special meetings of the members, twenty-five percent (25%) of all the members of the corporation shall constitute a quorum for the transaction of business. Each member shall be entitled to one vote.
SECTION 4. Special meetings of the Board of Trustees shall be called at any time by the Secretary on order of the President or of a majority of the Board of Trustees. The Secretary shall give each trustee notice personally, verbally, by mail or by telephone of all regular and special meetings at least ten working days previous thereto.
SECTION 5. A member may exercise his right to vote by proxy. A member may vote by mail but the ballot must be postmarked by the day of the annual meeting. No member may put into effect more than 5 proxy votes.
ARTICLE V MEETINGS
SECTION 1. Annual meetings of the members of the corporation shall be held at the principal place of business of the corporation or at such other place as the Board of Trustees may elect. The annual meeting shall be held during the first quarter of each calendar year, at a time, date and place to be determined by the Board of Trustee's (adopted 6/25/01 by Community). Notice thereof shall be given by the secretary by mailing notice to each member not less than ten days prior to the date of the meeting.
SECTION 2. Special meetings of the members may be called at any time by the President or a majority of the Board of Trustees or by 25% of the members and notices of the special meeting stating the object thereof shall be given by the Secretary by mailing such notice to each member not less than five days prior to the date on which such meeting is to be held.
SECTION 3. At all annual and special meetings of the members, twenty-five percent (25%) of all the members of the corporation shall constitute a quorum for the transaction of business. Each member shall be entitled to one vote.
SECTION 4. Special meetings of the Board of Trustees shall be called at any time by the Secretary on order of the President or of a majority of the Board of Trustees. The Secretary shall give each trustee notice personally, verbally, by mail or by telephone of all regular and special meetings at least ten working days previous thereto.
SECTION 5. A member may exercise his right to vote by proxy. A member may vote by mail but the ballot must be postmarked by the day of the annual meeting. No member may put into effect more than 5 proxy votes.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
WardellD, I interpret section 5 of your Bylaws to say you can vote by proxy and you may also vote by mail but only on "a ballot". So voting is allowed by mail on any items listed on a previously provided ballot. Your bylaws do not state it but undirected proxies usually count toward the 25% required for a quorum and ballot votes would not.
Roger
Roger
RobertG (Arizona)
Posts: 505
Posts: 505
Posted:
Are there any state laws that trump these conditions? As mentioned other places, some states are removing the ability to use of proxies.
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