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Maine Alliance for Road Associations

voting only if at meeting or proxy

  • 21 Jul 2022 11:06 AM
    Message # 12856374

    new bylaw states " only owners or their proxies attending the meeting in person or through a media link (if available) shall be entitled to vote".

    Does this fit what Title 23 private ways section allows?

    Some members are stuck on may or shall so they decided on this!!

    Help!!

  • 22 Jul 2022 9:30 AM
    Reply # 12857439 on 12856374
    Anonymous member (Administrator)

    Section 3101 (5) states, "By a majority vote of the owners present and voting in person or by written proxy or absentee ballot, the owners may determine...".  Owners are given three choices of methods to vote.

    Your by-laws, I assume passed by a majority at a duly called meeting, exclude voting by absentee ballot and have added a new method of voting by media link attendance. I am not an attorney, but I believe that if an owner (or owners) requested an absentee ballot for voting they would be within their rights to do so and your association would need to allow them this method based on the Statues. I also believe the courts should allow attendance via media link as a form of in-person voting but cannot say for sure. I recommend you run the above by your legal advisor before acting.

    Good question for the attorneys at the MARA Road Conference , October 1, 2022, at Maple Hill Farm.

    Last modified: 24 Jul 2022 6:19 AM | Anonymous member (Administrator)

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