45:27-10 - Voting rights of members

45:27-10  Voting rights of members.

10. a. In a cemetery company organized under this act, each owner of a grave, crypt or niche shall be a member of the cemetery company and shall have one vote for each grave, crypt or niche owned whenever voting by the members is required under the provisions of any law.  Voting shall be subject to the following qualifications:

(1)If a grave, crypt or niche is owned by more than one person, then a majority of its owners shall decide among themselves who shall cast the vote.

(2)An owner shall not be entitled to vote unless all charges and assessments against the grave, crypt or niche have been paid.

(3)Proxy voting shall be permitted except that a proxy shall not be valid for more than three years after its date.

(4)Any person who owns certificates of interest or indebtedness shall have one vote for each $250 of the face amount of the certificates.

(5)A corporation, partnership or association that owns more than one grave, crypt or niche shall have one vote for each grave, crypt or niche owned, except that it shall not have more than 100 votes.

b.The directors or trustees of a cemetery company shall hold an annual meeting and report at each annual meeting on their activities and management and the condition of the property and affairs of the cemetery company.  At least 20 days before the annual meeting a notice of the meeting shall be placed at some prominent place at the office of the cemetery company and shall be published in a newspaper having general circulation in the county in which the cemetery is located.

L.2003,c.261,s.10.