Quorum and disposition of votes

I just read a question and answer form Lynne (SC) Tim (VA) Thank you both I have a vested interest as I am alos a member of the HOA lynne posed the question on. As she stated it has been an ongoing problem since we took over our property 7 years ago.

I have one last question that require a response since our election is dwawing near.
We do not make quorum on the initial schedule election, our by laws give us the right to reschedule to a period within 30 days, at the reconvened meeting our quorum become (HALF) of the original, so if we needed 106 properly cast ballots we now would olny require 53 to declare quorum

What is the disposition of any and all ballots or proxies mailed to our management company. are they valid, do they count or should they have been destroyed once the original quorum had not been reached. sau we needed the 106 and received 80 either in person,by mail or proxy as our by laws specify... Does that mean that we automatically reach quorum on the rescheduled meeting or is protocol to start all over including the mailing of a newly scheduled date, a new ballot and a new proxy offer.

Thank you Joe from SC

Joe,

I also have language within my governing documents that allow the Association to hold a new meeting (within a specified time frame) at half the quorum requirement if a meeting did not meet the initial quorum.

Lynne used the term "recess" in her in her posting. You used the terms "reschedule" and "reconvene". I don't have access to the language used in your governing documents. However, based on my governing documents (were we adjourn the first meeting and hold a new meeting), we must still meet notice requirements for the new meeting.

Typically, if you recess a meeting and reconvene (which is usually allowed so members can go get additional proxies or remind neighbors of the meeting) you don't have to meet notice requirements. However, since it's a continuation of the same meeting you would still be operating under the initial quorum requirements.

Typically, if you adjourn the meeting and hold a new one you must meet any notice requirements for the new meeting and, depending on the governing documents, a lower quorum might be authorized.

FOR PROXIES:

Per SC 33-31-724, which is applicable if your Association is incorporated as a non-profit (most are), "An appointment is valid for eleven months unless a different period is expressly provided in the appointment form."

Therefore, it will depend on the language used on the proxy form. Since an argument could be made that the proxy was only valid for the initial meeting, I would suggest the following statement be added to your proxies to minimize those arguments:

This proxy is valid for the annual meeting to be held on mm/dd/yyyy or any subsequent meeting/s held because of failure to meet quorum requirements.

BALLOTS

For ballots received through the mail, it shouldn't be an issue. This is because the ballots shouldn't be opened and counted until the polls close. If a quorum isn't received, the ballots shouldn't have been opened.

For ballots handed out at the meeting -
Since your Association is known to not make the initial quorum, I would suggest not handing out the ballots until you know a quorum is met. However, if (like most Associations) you hand out ballots as people check in, you need to account for those ballots. This can be done by the issuer of the ballot making an identifying mark on the ballot or (and I prefer this one) simply reprinting the ballots on a different color paper for the next meeting (this way you don't have to worry about trying to collect and account for any that have been passed out.

Typically an Association either allows voting via mail OR voting at a meeting with representation by proxy. I've never seen both authorized (as it could be a nightmare to make sure members don't vote twice).

What is the language used in your Bylaws for the quorum requirement of subsequent meetings?

Thank you for your excellent and the most informative answers....TimB and johnC46, you both are worth your weight in gold. I love this HOA forum.(But I do wish it had spell check).