I was recently asked whether any new laws changed membership meeting voting procedures.  For example, one director asked if he could eliminate voting at the annual meeting.  He said he thought this was now possible under revisions to ARS 33-1812, which provides that the board may provide for some other form of delivery.

Actually, ARS 33-1812 requires that members vote via “absentee” and “in-person” ballots.  The statute then goes on to say that the board may provide for some other form of delivery, meaning the board may provide absentee ballots to members by mail, fax or some other delivery method.  The delivery does not negate the fact that “in-person” ballots are still required.  In-person ballots are those ballots that are cast by the members at the meeting.  In other words, members can choose to either attend a meeting and cast their vote there or not attend the meeting but still vote on the issues at that meeting via their absentee ballot.

Author:
Clint G. Goodman
Goodman Law Office, P.C.
4858 East Baseline Road, Suite 101
Mesa, Arizona  85206
877-447-5010