New Jersey.
Small condo association - 9 units - owners' primary residences are in various states.
New Jersey statutes allow for a Board of Trustees meetings to be held via phone as long as everyone can hear each other.
There is no provision in NJ statutes for meetings of MEMBERS of a corporation (we are incorporated) to be held by phone.
Vice President (who is not even allowed to call meetings according to ByLaws) called a special meeting of members, on an arbitrarily-set date & time, to be held via phone / teleconference. On the agenda is voting for adoption of amendments to governing documents.
The person representing our unit has a hearing disability and cannot use telephone easily. Anyone else representing unit would be unavailable at that date & time.
We objected in writing to this meeting (1) on legal grounds - no provision for this - and (2) that the person's hearing disability would be disadadvantageous. Sent letter to Board & Board's attorney.
Board's attorney is allowing this meeting to go forward - says that someone else can represent the unit - problem is that no one else is available except person with hearing disability.
There are other issues that we have not yet raised (1) phone meetings were not budgeted for (they always wind up costing hundreds of dollars) (2) meeting not called according to ByLaws.
What can we do? - can refusing to consent to a phone meeting on these grounds be valid reason to stop meeting from going forward?
Does the fact that there is no provision in statutes for phone meetings of members mean that the meeting can go forward anyway?
Would any business transacted & voted upon at meeting be valid of we could not participate by phone due to the rep.'s disability?
We are at a loss as to what to do next. Please help, thanks.
Small condo association - 9 units - owners' primary residences are in various states.
New Jersey statutes allow for a Board of Trustees meetings to be held via phone as long as everyone can hear each other.
There is no provision in NJ statutes for meetings of MEMBERS of a corporation (we are incorporated) to be held by phone.
Vice President (who is not even allowed to call meetings according to ByLaws) called a special meeting of members, on an arbitrarily-set date & time, to be held via phone / teleconference. On the agenda is voting for adoption of amendments to governing documents.
The person representing our unit has a hearing disability and cannot use telephone easily. Anyone else representing unit would be unavailable at that date & time.
We objected in writing to this meeting (1) on legal grounds - no provision for this - and (2) that the person's hearing disability would be disadadvantageous. Sent letter to Board & Board's attorney.
Board's attorney is allowing this meeting to go forward - says that someone else can represent the unit - problem is that no one else is available except person with hearing disability.
There are other issues that we have not yet raised (1) phone meetings were not budgeted for (they always wind up costing hundreds of dollars) (2) meeting not called according to ByLaws.
What can we do? - can refusing to consent to a phone meeting on these grounds be valid reason to stop meeting from going forward?
Does the fact that there is no provision in statutes for phone meetings of members mean that the meeting can go forward anyway?
Would any business transacted & voted upon at meeting be valid of we could not participate by phone due to the rep.'s disability?
We are at a loss as to what to do next. Please help, thanks.