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WilliamD13 (Illinois)
Posts: 4
Posted:
Our annual meeting is coming up, and all 5 seats are up for election. I am running and there are 4 returning board members. I have been the only home owner at the last 3 meetings. I doubt we will reach a quorum. We have 109 houses. what happens when we don't reach a quorum?

Thanks

William
RichardP13 (California)
Posts: 3,868
Posted:
A number of things could happen depending on what your Bylaws states and the attitude of the existing Board.

1) You could have a provision that states if 5 are running for 5 positions and quorum is not met, the people running are voted in by acclamation. The problems that could arise are write in candidates and nominations from the floor.

2) You Bylaws may have a provision that allows for an adjournment to a new date with a reduced quorum, for instance a majority or in your case 55 could be reduced to 28.

3) Your Board may cancel the meeting due to a lack of quorum and appoint a 5th person they like.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
My first blush is the Annual Meeting must be held. If no quorum is present, then no election can be held and the existing BOD Members stay on. If the BOD is short members, then they (the BOD) can appoint people to fill the vacancies. Were I the OP, and wanted on the BOD, I would work to be sure they appoint me.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
My first blush is the Annual Meeting must be held. If no quorum is present, then no election can be held and the existing BOD Members stay on. If the BOD is short members, then they (the BOD) can appoint people to fill the vacancies. Were I the OP, and wanted on the BOD, I would work to be sure they appoint me.
KerryL1 (California)
Posts: 14,550
Posted:
What % of Owners is required to make quorum for the election of directors in your HOA, William?

Must Owners vote in person at the annual meeting? Or, are proxies allowed? Are mail-in ballots allowed?

Do you have a property manager?
WilliamD13 (Illinois)
Posts: 4
Posted:
My bylaws don't mention a quorum in regards to voting for board of directors.

Here are the bylaws

https://lakewoodorchard.files.wordpress.com/2015/08/bylaws1.pdf
WilliamD13 (Illinois)
Posts: 4
Posted:
We do have a property manager, but i feel she isn't very good.
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By WilliamD13 on 05/22/2017 2:43 PM
My bylaws don't mention a quorum in regards to voting for board of directors.

Here are the bylaws

https://lakewoodorchard.files.wordpress.com/2015/08/bylaws1.pdf

The document, Bylaws is missing some pages, it stops at section 3.4 and continues with 5.3.
WilliamD13 (Illinois)
Posts: 4
Posted:
It figures, I didn't catch that.

TimB4 (Tennessee)
Posts: 21,059
Posted:
William,

Per 805 ILCS 105/108.10, applicable if you are incorporated as a nonprofit (most Associations are but check to be sure):

Despite the expiration of a director's term, he or she continues to serve until the next meeting of members or directors entitled to vote on directors at which directors are elected.

Therefore, if quorum can not be achieved, business can not be conducted and those who were serving continue to serve until they resign or the next election.
KerryL1 (California)
Posts: 14,550
Posted:
Please get the rest of your bylaws, William, and post to us or read for yourself to see what quorum is for a directors election.
SheliaH (Indiana)
Posts: 6,964
Posted:
As others have said, if you don’t reach quorum for the annual meeting, you probably won’t be able to have a board election and so the current group will stay on until they quit or get voted out. If you’re running for a spot, I hope you’re encouraging everyone to attend the meeting and participate in the vote whether they vote for you or not.

If you allow proxies, be sure you understand how they’re used and encourage homeowners to send them in if they won’t be attending. In our community, we use them to set quorum – for example, we require 10% of homeowners to send in proxies or attend in order to hold the annual meeting. Homeowners can also use them to vote for board members (themselves or someone else). If the homeowner changes his/her mind and shows up, the proxy is canceled and he/she can vote in person.

There was a time or two our community rescheduled the annual meeting because we didn’t make quorum (we have annual meeting in February and both times the weather was really wicked). Once again, the board scheduled the meeting, sent out the 30 day notice and another set of proxies – and once again, poor attendance ruled the day, so the board at that time stayed on.

By the way, you say your property manager isn’t very good, but she works under the direction of the board and shouldn’t have a huge role in the elections anyway. Ours does assist by collecting the proxies and securing them until the meeting (she doesn’t open the envelopes). At the meeting, they’re opened by designated homeowners and counted in front of everyone.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DouglasK1 (Florida)
Posts: 2,046
Posted:
Assuming proxies are allowed, in most cases, anybody can gather proxies. If you want to make sure a quorum is met and that you get enough votes to be elected, you might want to pound the pavement, knock on doors, etc.

Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
Maybe I'm thinking about this wrong, but doesn't William need to know how many Owners voting are needed to constitute a quorum??? Myabe it's not as hard as he seems to think.

In our HOA, for instance, it's only 25%.

Otherwise, the other replies make a lot of sense
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By KerryL1 on 05/23/2017 1:00 PM
Maybe I'm thinking about this wrong, but doesn't William need to know how many Owners voting are needed to constitute a quorum??? Myabe it's not as hard as he seems to think.

Typically, quorum requirements are x% or x number of members (vs. x% of voting power).
It will depend on the language within Williams governing documents.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By TimB4 on 05/23/2017 7:47 PM
Posted By KerryL1 on 05/23/2017 1:00 PM
Maybe I'm thinking about this wrong, but doesn't William need to know how many Owners voting are needed to constitute a quorum??? Myabe it's not as hard as he seems to think.


Typically, quorum requirements are x% or x number of members (vs. x% of voting power).
It will depend on the language within Williams governing documents.

Yep...and the board can likely keep calling meetings where quorum is cut in half w/ each subsequent meeting so that HOA business isn't stalled by non-attendance at meetings.
RichardP13 (California)
Posts: 3,868
Posted:
In all documents I have read across the country, quorum is reduced just once, typically from a majority to 25%.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By RichardP13 on 05/25/2017 7:21 PM
In all documents I have read across the country, quorum is reduced just once, typically from a majority to 25%.

In my last SC HOA they were allowed to reduce Quorum by 50% more than once. One year we had 3 meetings. Original, 50% cut, 50% cut. Each meeting required a 30 day notice mailed to each owner.
ChristineL1 (South Carolina)
Posts: 9
Posted:
Our CCRs only allow for 50% quorum, which is onerous. It typically takes 4 meeting tries to get all the proxies in hand. "Annual Meeting Fatigue" is a very real thing!!! lol

We are in the process of amending our CCRs to allow for 25% originally, then 10% at the second meeting, then whomever shows up at the third attempt.

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