Absentee director ... cell phone presence

Aye ya'll

My association in SC has 5 members. One just got appointed as a lot owner living in NYC and plan to participate at board meetings by cell phone communication from NYC when not able to attend.

I'm not sure he can do it and even less that he can cast a vote not being personally present on the floor.

For a quorum of the BOD to hold a meeting, can he be counted?

My Robert's book is old and doesn't mention teleconferencing per se.

I'll appreciate your opinion, the rules may differ from state to state though.

As ever, JohnH38

Expecting that your Association is incorporated as a nonprofit (most are but check to be sure), SC Nonprofit Corporation Act would be the applicable statute.

Per SECTION 33-31-820 of that act:

(c) Unless the articles or bylaws provide otherwise, a board may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may hear each other simultaneously during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.

Therefore, unless your governing documents prohibit attending meetings by telephone, it appears to be authorized.