Quorum Requirement Reduction

I live in an HOA in North Texas. We would like to updatye the CCRs. Our quorum requirement is 2/3 of all eligible Members or proxies. Our Board and our management company say that we can change the quorum requirements for a meeting, but not a vote. I am attaching the section of the CCRs that deals with this. Any lawyers or experiences people out there that can help me out with this? What, specifically, does this section allow?

Section8. Notice and Quorum. Written notice of any meeting called for the purpose of taking any action authorized herein shall be sent to all Members, or delivered to their residences, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At any such meeting called, the presence of Members or of proxies of Voting Representatives entitled to cast two-thirds (2/3) of all the votes of each Class Membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements, and the quorum requirement for at such subsequent meeting shall be two-thirds (2/3) of the quorum requirement for such prior meeting. The Association may call as many subsequent meetings as may be required to achieve a quorum (the quorum requirement being reduced for each such meeting). No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

If this section is from your CCR's it will generally be referencing a quorum to amend the CCR's, increasing dues pass a certain percentage over last year, or creating a special assessment over a percentage stated in your CCR's or State Law. For elections, the quorum requirements should be stated in your Association Bylaws.

The section is also saying you can call as may meetings as you like, but the quorum requirement will always remain at 2/3%. Many CCR's and Bylaws do have provisions reducing the quorum requirement by half at the next adjourned meeting.

I agree that this part of the CCRs adresses these issues. It does allow for a reduction in the quorum. See this part: "The Association may call as many subsequent meetings as may be required to achieve a quorum (the quorum requirement being reduced for each such meeting)." My problem is getting the Board and the management company to understand this. They insist that since a particular person who is part of the management company says that this clause doesn't address this, that it doesn't address any ability for the Members to pass any amendments. The problem with that is, this person is not an attorney and they will not take this to an attorney.

Typically, you will have two qualifiers, one is making quorum, second is 2/3 approval of the membership. You need to qaulify to open the ballots.