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Board Elections

Started by ConchoP • 6 replies • 998 views

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ConchoP (Texas)
Posts: 208
Posted:
In Texas can the board postpone a reconvene meeting for board elections? We were suppose to vote at the annual meeting of the membership, however we did not meet the quorum and scheduled a new date. However the board is wanting to postpone the reconvene.

Please advise.
RichardP13 (California)
Posts: 3,868
Posted:
The general rule is that the Members that were present at the meeting are the ones entitled to make a motion and vote to adjourn to a new meeting where quorum, if allowed in your Bylaws, could be reduced. Your Bylaws should have a procedure for adjourning an annual meeting when quorum wasn't present.
ConchoP (Texas)
Posts: 208
Posted:
yes the bylaws state we can reconvene for a lower quorum number. The date was set at the meeting. however the board wants to reschedule the meeting date.
RichardP13 (California)
Posts: 3,868
Posted:
I am guessing they can, who is going to stop them, BUT, there should be a requirement that notice has to be re-sent of a new date and time. Generally, if the date and time is set at the meeting, no further notice is required.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By ConchoP on 03/01/2017 1:46 PM
yes the bylaws state we can reconvene for a lower quorum number. The date was set at the meeting. however the board wants to reschedule the meeting date.

It is a Membership Meeting not a Board Meeting. My question is what do your documents state as to how the new meeting is determined? If the members voted and was required in the governing documents, then the board needs to abide by the documents and the membership vote on when to reconvene. You might also look at your State Statutes as they can possibly supersede if do not defer to the documents.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By JanetB2 on 03/01/2017 2:34 PM
Posted By ConchoP on 03/01/2017 1:46 PM
yes the bylaws state we can reconvene for a lower quorum number. The date was set at the meeting. however the board wants to reschedule the meeting date.


It is a Membership Meeting not a Board Meeting. My question is what do your documents state as to how the new meeting is determined? If the members voted and was required in the governing documents, then the board needs to abide by the documents and the membership vote on when to reconvene. You might also look at your State Statutes as they can possibly supersede if do not defer to the documents.

And, what recourse do they have if the Board doesn't?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By RichardP13 on 03/01/2017 2:37 PM
Posted By JanetB2 on 03/01/2017 2:34 PM
Posted By ConchoP on 03/01/2017 1:46 PM
yes the bylaws state we can reconvene for a lower quorum number. The date was set at the meeting. however the board wants to reschedule the meeting date.


It is a Membership Meeting not a Board Meeting. My question is what do your documents state as to how the new meeting is determined? If the members voted and was required in the governing documents, then the board needs to abide by the documents and the membership vote on when to reconvene. You might also look at your State Statutes as they can possibly supersede if do not defer to the documents.


And, what recourse do they have if the Board doesn't?

They meet at the time they designated, if quorum obtained, have their vote and elect new board members. LOL ... It is not a Board Meeting and if the board chooses to not attend that would be their problem as long as quorum is met. And I would video tape the meeting .

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