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PegM1 (Pennsylvania)
Posts: 26
Posted:
We are in a HOA community with 241 units (mostly single homes; some double and quad units) in Pennsylvania.

Each unit is entitled to one vote in our HOA elections. So that is one "voter" per unit.

When the governing documents say a quorum is a majority (50%) of members eligible to vote does that mean we must have 121 residents from 121 different addresses present? Or, can there be participants that come from the same unit and they can be counted as part of the quorum. In other words, if there are 121 people present but they come from 60 units
is that a valid quorum or should there be a requirement that units are represented (one vote per unit) not the individual residents? Since each unit has one vote should the quorum be decided by number of units represented or just the number of bodies at the meeting?

Thank you for any help and advice. It is much appreciated.

AugustinD
Posts: 5,144
Posted:
Chances are your governing documents indicate only one member may vote per unit. Often the governing documents add that, when a unit has more than one owner, the owners have to decide among themselves who will cast the vote. Bottom line: the governing documents most likely indicate the quorum is determined by the number of units represented in person or by proxy.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
241 Units, 241 owners. 50% Quorum requirement is 121 owners. Many are going to 20%. Some are at 10%.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PegM1 on 12/11/2019 12:14 PM

When the governing documents say a quorum is a majority (50%) of members eligible to vote does that mean we must have 121 residents from 121 different addresses present?

Yes.

Note: Depending on your governing documents and/or applicable statutes, you might be able to achieve a quorum in person or by proxy.
ND (PA)
Posts: 792
Posted:
To calculate your quorum, you need to do the following:

(1) Determine number of units eligible to vote . . . it's probably slightly less than your total number of units (241). (Your documents likely indicate what defines a unit ineligible to vote, but usually it's units not current with assessments, fees, and/or correction of documented violations. It's likely that not all 241 of your units are eligible to vote each time.)
(2) Calculate 50% of the number determined in (1) above.
(3) If number from (2) above is a whole number, you need to add 1. If number from (2) above is not a whole number, you need to round up to nearest whole number. This is your number to achieve quorum. (Reason you add one or round up is that exactly 50% is not majority, but just greater than 50% is majority.)
(4) Understand that typically for voting, multiple owners of a single unit receive only one vote per unit (your docs will specify this somewhere). So when counting for quorum, you are counting number of units represented, not number of people.
(5) Understand if your HOA permits proxies and what must occur for them to be official and valid.
(5) Quorum will exist at a meeting when the number you calculate in (3) above is reached or exceeded by adding the number of units represented by in-person attendees with the number of properly submitted/held proxies represented at that meeting.

Example:
- You have 241 units.
- Only 230 are eligible to vote.
- 50% of 230 = 115 . . . number of units to achieve quorum = 116.
- At the meeting, you have 100 units represented in person and 0 units represented by a valid proxy. Total units represented = 100. 100 < 116. QUORUM NOT ACHIEVED.
- At the meeting, you have 100 units represented in person and 15 units represented by a valid proxy. Total units represented = 115. 115 < 116. QUORUM NOT ACHIEVED.
- At the meeting, you have 100 units represented in person and 16 units represented by a valid proxy. Total units represented = 116. 116 = 116. QUORUM ACHIEVED.
- At the meeting, you have 100 units represented in person and 100 units represented by a valid proxy. Total units represented = 200. 200 > 116. QUORUM ACHIEVED.

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