356-B:39-a Voting Without a Meeting. –
Unless prohibited or limited by the declaration or bylaws, an association may conduct a vote without a meeting. In that event, the following requirements apply:
I. The association shall notify the unit owners, in the manner prescribed by RSA 356-B:37-a, that the vote will be taken by ballot and deliver a paper or electronic ballot to every unit owner entitled to vote on the matter.
II. The ballot shall:
(a) Set forth each proposed action and provide an opportunity to vote for or against the action.
(b) Indicate the number of responses needed to meet the quorum requirements.
(c) State the percent of votes necessary to approve each matter other than election of directors.
(d) Specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than 10 days after the date the association delivers the ballot.
(e) Describe the time, date, and manner by which unit owners wishing to deliver information to all unit owners regarding the subject of the vote may do so.
III. Except as otherwise provided in the declaration or bylaws, a ballot is not revoked after delivery to the association by death or disability or attempted revocation by the person that cast that vote.
IV. Approval by ballot pursuant to this section is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.
V. All ballots cast in an association vote under this section shall be counted using a tally sheet for the vote. If more than one ballot item was voted on, the board may elect to keep a corresponding tally sheet for each ballot item. The ballots and tally sheets shall be made available for examination and recount, by request of any owner participating in the vote, immediately following announcement of the results of the vote taken. During any examination and recount one or more members of the board of directors and at least one additional owner shall be present. The ballots shall be examined and tallied to verify that the count and announced result was correct.
Source. 2016, 311:2, eff. Aug. 1, 2016. 2018, 187:1, eff. Aug. 7, 2018.