Voting by phone

What is the name of your state? NY-Is a vote by phone legal?

We live in a condo our board is made up of nine members. The board has been trying to pass reserved parking and we have hired an attorney to address issues related to the procedure being used. We just went to the last meeting and were told that a phone vote was taken by the managmnet agent and that the parking was passed. We asked the board members who were there if they were all called and of the seven - three said no. The President stated messages were left but no calls were returned. The three not called were not in favor of reserved parking. We are not allowed to attend all meetings only the one that have an open forum three times a year. We have requested the minutes two times with no response. Our by-laws say nothing about a vote by phone. Can this be a legal vote??? Are proxies allowed at board meeting if the by-laws state they may be used at the annual? Seems if your not there you should not vote? Or the board could wait on the vote? This was no emergency and the fight is going on since Nov. We are also fighting the annual elections,...we have had the same few board members for 9 or 10 yrs. The community is not involved much either...

[JETX]

Simply, there is no way for anyone on this forum to answer your questions without a complete and detailed review of the board rules and regulations.... and practices by the board.

I suggest you contact a local attorney who can review your documents and advise any rights you may have.

If there is no mention of voting by phone in any of our documents is it legal to vote by phone? In Ny?

[HomeGuru]

I concur with JETX and add that I have never seen a HOA approve voting by phone as voting ballots must be in writing even if by proxy.
This is not American Idol.