The Victoria Canoe and Kayak Club had its board meeting declared null and void after using Zoom for the meeting instead of a "show of hands.".Blacklock's Reporter says a BC court ruled Zoom meetings at clubs and associations are invalid unless spelled out in members’ bylaws..“The 2022 annual general meeting was invalid,” wrote Kate Campbell, adjudicator with the B.C. Civil Claims Resolution Tribunal, the provincial small claims court..“Electronic meetings are only permitted if some form of electronic voting is authorized by the society’s bylaws.”.The B.C. cabinet passed a 2020 order within days of the outbreak of the pandemic that permitted local clubs to hold meetings by Zoom or teleconference as a pandemic precaution. However, the British Columbia Supreme Court in a ruling last August 13 said even old bylaws enacted “at a simpler time” must be followed..The court ruled Zoom was not a “place” with members “present” and that a “show of hands” by video did not count unless specified..“This means that electronic meetings are only permitted if some form of electronic voting is authorized by the society’s bylaws,” wrote Campbell..The Victoria boating club never passed a bylaw permitting votes by Zoom..“These bylaws were drafted and approved before COVID-19 and did not contemplate the general move towards online meetings for corporations, societies and other organizations,” wrote Campbell. Canoe and Kayak Club bylaws said general meetings must be conducted “by a show of hands or by secret ballot at the request of any voting member.”.“The only voting methods allowed under the society’s bylaws require in-person meeting attendance,” wrote Campbell. “So I conclude the society was not entitled to hold its January 20 annual general meeting electronically.”.“Since the bylaws do not permit electronic voting I specifically find those votes were invalid,” said the tribunal..The busy Zoom conference saw members pass new club rules — “I order that the society must not enforce any of these bylaw amendments,” wrote Campbell — elect its officers and directors and approve its 2022 budget. All must be redone in person, said the tribunal..“The budget vote was invalid,” wrote Campbell. “I find it is appropriate to order the society to hold a new annual general meeting within 60 days of this decision to approve a budget and re-vote on all resolutions, decisions, and elections voted on at the January electronic meeting. This meeting must be held in person.”
