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Quorum for elections

Started by JeffreyB • 11 replies • 2100 views

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JeffreyB (Florida)
Posts: 11
Posted:
Hey everyone, I have another question for you all. If a quorum for election of a new Board is not reached at the annual meeting, then what happens? Do we try again? Does the present Board serve another year? How do we fill the empty spots? Are those just appointed by the existing Board? What about the owners who wanted to serve but could not be elected because of no vote? What is the Florida legal response to not reaching a quorum at an HOA election?
DwightT (Idaho)
Posts: 664
Posted:
Your governing docs should specify. In our case, if we don't have 60% of homeowners show up at the annual meeting in person or by proxy, then the meeting is rescheduled and the quorum requirement drops to 10%. If it was necessary, we would keep rescheduling until we did meet that 10% mark.

As to empty spots, the Board can make an appointment to fill the spot, but that appointment only serves the remainder of the vacant seat.
JoeW1 (New York)
Posts: 728
Posted:
Dwight - Never heard of the quorum threshold drop, interesting. In my HOA/COA there is no threshold drop.

JeffreyB - If your by-laws are silent on procedure, I suggest re-scheduling the meeting once or twice at most, with directed proxy ballots to owners. Directed means the proxy needs to be specific of the vote question. If quorum by person or by proxy is not reached then appointment of members by the existing Board is a viable option. Since they are filling open seats, those who fill the vacancies will have term lengths of 2 or 3 years, depending on what your by-laws state on term lengths.
JM2 (Oregon)
Posts: 439
Posted:
Hi:

Relevant comment: Oregon just passed a law allowing HOA's to cut the quorum requirement in half (down to 20%) if a quorum isn't reached for an annual meeting.

The best thing: try again, get the board involved in going out and getting proxies, volunteers can do it to (as well as candidates). It's best to do your utmost to reach quorum. Solicit prizes from local merchants, to be given away (in person or by proxy) once you reach quorum...that sometimes will get them in. If someone has a vacation home and is willing to donate a weekend or a week, sometimes that's a good draw.

JPM
GloriaM (North Carolina)
Posts: 829
Posted:
In NC if the documents allow for it the remaining board members appoint the unfilled seats.
TracyT (Maryland)
Posts: 228
Posted:
Our by-law says if a quorum isn't present then the meeting is rescheduled. At the re-scheduled meeting the members present in person or by proxy constitute a quorum.

I went door to door this year to collect enough proxies to ensure a quorum.
BarneyC
Posts: 50
Posted:
Just to note, there is no quorum requirement at an election in Florida.
BradP (Kansas)
Posts: 2,640
Posted:
Barney:

Correct me if I am wrong, but even if the state of Florida doesn't require a quorum it is legal for your CC&R's to be more strict and require one? It would depend on your documents because your documents can be more strict than state law, just not more lenient.
BarneyC
Posts: 50
Posted:
Quote:
Posted By BradP on 07/29/2007 11:15 AM
Barney:

Correct me if I am wrong, but even if the state of Florida doesn't require a quorum it is legal for your CC&R's to be more strict and require one? It would depend on your documents because your documents can be more strict than state law, just not more lenient.

I dont think so, not if the state law says "no quorum shall be required". You absolutely need that verbage. Otherwise, directors could simply never show up and stay in power. Also, FL considers the election a "members meeting". Its not a board meeting.

BrianK1 (Colorado)
Posts: 54
Posted:
After one of the owners sold all of his 10 units to individual owners, we have a problem that the first meeting, whether annual or special, is never a quorum even with proxy forms attached to the notices, and the second, re-scheduled meeting always has a quorum. Before, the first meeting was always a quorum with the owner of the 10 units attending, and never had to be re-sceduled. Our CC&R's and bylaws have a quorum threshold of 2/3 of members, which drops to half of that if the meeting is re-scheduled. So it's quite predictible that every annual and special meeting will have to be rescheduled once and only once. Are we stuck with this repetitious re-scheduling process, or do any of you have a suggestion for how to avoid it?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Au Contraire, Brian.
Florida Statute 720;306, #1 & 2 States that "UNLESS A LOWER NUMBER IS REQUIRED PER THE ASSOCIATION BYLAWS, THE PERCENT OF THE TOTAL VOTING INTEREST IS 30% TO ESTABLISH A QUORUM". That is for establishing an annual meeting.
A candidate does not have to have 30% of the votes to win an election but to have the meeting--it is 30%
DonnaS (Tennessee)
Posts: 5,671
Posted:

THE ABOVE REPLY WAS MEANT FOR BARNEY,re: NO FLORIDA STATUTE , NOT FOR BRIAN, SORRY BRIAN !

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