The statute refers to "... a majority of owners present and voting in person or by written proxy or absentee ballot,..."

Until last year, we routinely sent absentee ballots to each owner prior to our Annual Meeting, but found two years ago, that for one rather contentious item, discussion at the meeting of that item was rendered irrelevant, because the outcome of the vote was already decided via the absentee ballots. It was likely that had the vote been held after discussion, the outcome would have been different.

We have roughly 80 members, most of whom do not come to the Annual Meetings, even though the meetings are held at a time when many, if not most, could come. We tend to find that most of the time, absentee ballots routinely yield affirmative votes for all items provided. An example of this is that we recently voted to overturn a vote that had been made just a few years before.

So, last year we experimented and did not send absentee ballots, allowing a thorough discussion prior to voting, which seemed to work well. Recently, however, someone asked if they had the right to an absentee ballot or proxy. We don't object to proxies for those that truly care, but would prefer the majority of those voting to benefit from the discussion.

The question is, although the statute mentions proxies or absentee ballots, does it mandate them? And, if so, does anyone have a solution that allows discussion first?

I am posting copies of our template for an agenda and a proxy/absentee ballot to help clarify my previous post. 

My proposed solution to the above question is based on the structure of the following sentence found in 23 MRS 3101, paragraph 5. 

"By a majority vote of the owners present and voting in person or by written proxy or absentee ballot, the owners may determine what repairs and maintenance are necessary..."

The first part of the sentence, beginning with "By" and ending with a comma after "ballot", is a dependent clause that defines how the subject of the sentence, "the owners", may choose to vote.  I believe paragraph 5 gives the owners (not the presiding officer or the Board of Directors) the right to choose among three voting methods. Owners have two primary choices: to vote in person or absentee. Since the choices are up to the owners, the following scenario seems possible: 

If the presiding officer prefers the voting to be "in person" for annual meetings or a specific meeting or issue, he (she) would submit the restriction of voting choices to a majority vote of the owners. If the item to be voted was not included in the agenda and on the proxy/absentee ballot sent out with the call of meeting, absentee members would need to be polled for the majority vote to approve and a final tally reported to the owners. The approved voting restriction might then be used to decide issues before the membership. 

The above scenario requires that the road association be formed according to 23 MRS 3101, Call of Meetings.

I am not certain of my conclusions and would like to hear from other members.