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RonaldW3 (Missouri)
Posts: 1
Posted:
i am in a H.O.A. "new to me" as i read the by law's i came to the subject of a quorum. as followes,0-50---------50% for a quorum. 51-100---------40%for a quorum. our assn has 80 members, the most we can get to a meeting is between 15 to 20 people. how can we reach a quorum at this point? current president has always said we do not have enough for a quorum. i am lost and at my wits end, i am a senior citizen, not a lawyer. can you help? if you would, please respond by email if possible. and thank you very much for your time. ronald wilson.
DianaB4 (Oregon)
Posts: 13
Posted:
For purposes of voting, you send out proxies and have every owner sign and return before the meeting. The proxy form basically says mr. owner gives the power of voting to the board if he/she does not show up in person.

For purposes of meeting, our board is very small...just 3 people. If two of us are present, it is legal for us to conduct a meeting.
SusanW1 (Michigan)
Posts: 5,202
Posted:
You must be talking about a quorum for an Annual Meeting of the Members.

What is in your bylaws about what to do if a quorum is not reached? Very often, if there is not a quorum reached, the meeting can be adjourned to another time and the quorum requirement gets lowered a certain percentage. That meeting must be held within 60 days of the annual meeting.

Do you have a state law governing HOAs? Check your state statutes under the Non Profit Corporation Act, too.

Another way HOAs can reach a quorum is to allow written proxies to establish the level you need. That allows the meeting to take place. People can vote by written ballot, too.

Now if certain things are on the agenda, like elections, raising dues, spending money or approving the budget, it may require a certain voting threshold, i.e. a majority or 2/3 of the members. So it is important to get live people there.

Remind your board that everything must be done to have an annual meeting.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Ronald,

Welcome! Feel free to ask any question you might have and offer advise if it can assist others.

Typically quorums are different for different things. A quorum for just a general meeting might be lower then the quorum needed to change the governing documents or to increase assessments. Some Associations even have the ability to have a reduced quorum at a second meeting if the first meeting didn't reach one. Quorum requirements can also be scattered throughout all of your Associations governing documents, so be sure to read all of them.

If your Association is incorporated, they will have to comply with Missouri Corporate Law. This law does cover quorums but defers to the Associations governing documents:

Quorum requirement.

355.281. 1. Unless this chapter or the articles or bylaws provide for a higher or lower quorum, ten percent of the votes entitled to be cast on a matter must be represented at a meeting of members to constitute a quorum on that matter.


It also includes an interesting point:

4. Unless one-third or more of the voting power is present in person or by proxy, the only matters that may be voted upon at an annual or regular meeting of members are those matters that are described in the meeting notice.

This would only apply if you are a non-profit corporation. Check your governing documents to be sure.

As others have mentioned, quorums are achieved by members attending meetings or by receiving proxies from members unable to attend the meeting.

Tim

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