Change the quorum for annual meeting

Started by KeithH7 • 8 replies • 1468 views

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KeithH7 (Florida)
Posts: 20

Posted:

Hi there! Recently a member of my community has decided to start a petition to change the section of the By-Laws as it pertains to the quorum for annual meeting; the change would read from “majority of the members’ total votes” to twenty-five percent (25%) of total votes.
What should be the response from HOA board when the petition is handed in, and should verification of the signatures provided form part of their response?
Thanks for your help.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By KeithH7 on 07/20/2013 7:17 PM

What should be the response from HOA board when the petition is handed in, and should verification of the signatures provided form part of their response?

Depends on exactly what the petition said.

If the petition was to call a special meeting for the purpose of xyz, then the Board should:
1) verify the signatures
2) if enough signatures are valid, start the process for a special meeting of the membership

If the petition was simply to change the bylaws (not calling for a special meeting), then the board may take the petition under advisement.

Typically the members have a right to call a special meeting for a specific purpose. They do not have a right to simply demand xyz happens. I know that it's semantics, but it's the details that matter.

Quote:

Posted By KeithH7 on 07/20/2013 7:17 PM

Recently a member of my community has decided to start a petition to change the section of the By-Laws as it pertains to the quorum for annual meeting

Our quorum requirements are simply 10% of the membership.

A quorum simply lets you perform business. The higher the quorum, the harder it may be to perform the business required. This of course can be a safeguard. However, having a low quorum yet a specific percentage of the votes to adopt something can provide the same safeguards.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Shoot. I missed that you were in FL.

FL has some laws I am not always familiar with. Therefore, you should also check to see if the FL statutes modify the advice I provided.

KeithH7 (Florida)
Posts: 20

Posted:

Thanks Tim B, as always good advice.

MikeR15 (Massachusetts)
Posts: 389

Posted:

Don't you dare change the quorum requirments!

I dont attend meetings specificaly because I want to deny the board a quorum.

That IS my vote (along with every other resident here), and it should be honored.

With no election laws, open meeting laws, even a chain of custody of ballots....

The whole thing is a joke and I will never participate in it.

I don't play the rigged games at the carnival, and wild horses couldn't drag me into a "meeting"

with the barkers who want me to play.

KeithH7 (Florida)
Posts: 20

Posted:

Seriously MikeR! I am thinking that you ought to read the original post … again, because you seem to have it “upsidedown”.

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By MikeR15 on 07/21/2013 5:32 PM

I dont attend meetings specificaly because I want to deny the board a quorum.

The board can conduct its business whether you (a non-board-member) are present or not. They can get along quite well without your presence.

By avoiding the member meetings, you deny yourself and other members the opportunity to control the association and you help maintain the status quo.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MikeR15 on 07/21/2013 5:32 PM
Don't you dare change the quorum requirments!

I dont attend meetings specificaly because I want to deny the board a quorum.

One needs to understand the purpose of an annual meeting.
There are really only 5 things, they are:

1) to meet a legal requirement to hold one (lack of quorum doesn't affect this)

2) Provide reports to the membership (lack of quorum doesn't affect this)

3) Elect Directors for any vacancies (lack of quorum prevents this from happening)
Typically, State Corporate laws specify that a Director, regardless of the expiration of their term, continues to serve until a replacement is elected or they resign. Therefore, choosing to not attend to deny the Board a quorum results in the same individuals staying in office.

4) Vote on any matters that requires a membership vote (lack of quorum prevents this from happening).

5) Provide an opportunity for the membership to discuss concerns (lack of quorum doesn't affect this)

MikeR15 (Massachusetts)
Posts: 389

Posted:

Our annual meetings are such a joke, that nobody goes to them anymore.

This is due to the complete absence of any laws that would prevent it.

But sure....lets pretend they are in any way legitimate..

Only that is called being "delusional".

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