CAI-NJ September 2021

WISH YOU WERE HERE... from page 32.

on the location) take quite a bit of time. Without question, the tragic pandemic has pushed all of us in many different directions since March 2020 and, in the case of meetings, has driven a sharp but necessary change in procedure. In order to address and make a remote meeting effective, the board, in conjunction with its managing agent and legal counsel, should consider adopting reasonable measures to confirm each participant is a unit owner, provide a reasonable opportunity for all to participate, confirm actions by the board and discussions at public comment, set ground rules for speak- ing, discussion and debate, announce at the beginning of the meeting whether a recording will or will not be permitted and any other measures deemed appropriate to encourage active participation and management of the meeting. Special meet- ings requiring votes must also have procedures in place to confirm the vote, mail-in ballots or proxies, maintain a written record of the vote, and announce results. Also, normally only unit owners in good standing are permitted to vote. As such, you may want to confirm you have your list of eligible unit owners beforehand. It is also a good idea to check your individual governing documents. It is possible you may need to consider an

participation. It also offers nonprofit corporations potential cost savings, as the expense of meetings held solely using remote communication is likely less than the expense of meetings held at a designated venue location. Also, many are still uncomfortable for any number of reasons appear- ing in person and still prefer remote access. By way of additional background, in 2013 the New Jersey Legislature amended the for-profit corporation’s law to permit remote participation by shareholders in corporate meetings to the extent the corporate board adopts procedures for remote participation. That change in the law allowed for participation via video or conference call. Many courts across the county have been allowing video or telephonic appearances of law- yers for several years. Some courts have been more recently utilizing remote video for hearings and even jury trials. Many of us have, to one extent or another, embraced the use of Zoom Video, WebEx, Microsoft Teams, or similar platforms for ease of use, to conserve time and resources. Indeed, travel time to and from meetings can (depending

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