R.I. Gen. Laws § 34-36.1-3.08
Meetings and notice
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Statutory text
(a) A meeting of the association must be held at least once each year. Special meetings
of the association may be called by the president, a majority of the executive board
or by unit owners having twenty percent (20%), or any lower percentage specified in
the bylaws, of the votes in the association. Special meetings requested by unit owners
of at least twenty percent (20%), or any lower percentage specified in the bylaws,
of the votes in the association must be called by the executive board if the stated
purpose is to propose an amendment of the declaration or bylaws, reject the budget,
remove a director or officer and elect a replacement, or for any other purpose of
which the unit owners are entitled to vote, except for the general election of board
members which is to take place at the annual meeting. Not less than ten
nor more
than sixty
days in advance of any meeting, the secretary or other officer specified
in the bylaws shall cause notice to be hand delivered or sent prepaid by United States
mail to the mailing address of each unit or to any other mailing address designated
in writing by the unit owner.
(b) The notice of any meeting must state the time and place of the meeting and the items
on the agenda, including the general nature of any proposed amendment to the declaration
or bylaws, any budget changes, and any proposal to remove a director or officer.
(c) Notwithstanding any provisions in the declaration or bylaws to the contrary, the association
may conduct regular or special meetings of the executive board and annual or special
meetings of the unit owners by electronic means so that physical presence is not required.
All association meetings that take place in a physical location shall be in the county
where the condominium is located. All association meetings may be held fully or partially
by telephonic or video conference or other interactive electronic communication process
as determined by the executive board; provided, however, that all participants shall
be able to simultaneously communicate with each other during the meeting. Presence
by such electronic means shall satisfy any quorum and voting requirements in the association’s
governing documents as well as the requirements of §§ 34-36.1-3.09 and 34-36.1-3.10. Where participation by electronic means is provided for, the notice of any meeting
shall, in addition to the requirements of subsection (b) of this section, also identify
the remote platform being used and provide the necessary access information to all
unit owners to participate.
(d) Where a regular or special meeting of the executive board is held fully or partially
by electronic means pursuant to subsection (c) of this section and a quorum has been
established, the executive board may vote on any action properly before the board
by electronic means including, but not limited to, email, telephonic conferencing,
video conferencing, and electronic voting platforms. Where an annual or special meeting
of the unit owners is held fully or partially by electronic means pursuant to subsection
(c) of this section and a quorum has been established, the unit owners may vote on
any action before the membership by electronic means including, but not limited to,
telephonic conferencing, video conferencing, or electronic voting platforms, or mail-in
ballot, as determined by the executive board. If the declaration or bylaws requires
the signature of unit owners for such voting or proxies, unit owners may electronically
submit their signatures as determined by the executive board.
(e) Notwithstanding subsection (a) of this section and any provisions in the declaration
or bylaws to the contrary, notice of any meeting may alternatively, or additionally,
be provided electronically to a unit owner’s email address if such email address has
been designated in writing by the unit owner along with written consent to receive
meeting notices from the association electronically. Any meeting notice may also be
provided alternatively, or additionally, by posting the notice to a secure website
or portal of the association or of the association’s agent, if the unit owner has
consented in writing to receive meeting notices from the association via electronic
posting. Unit owners may opt out of electronic delivery or electronic posting of meeting
notices at any time by written revocation submitted to the association.
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