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LukeA (Texas)
Posts: 11
Posted:
The following is the last sentence at the end of our By-Laws in reference to a QUORUM, in both Membership Meetings and BOD Meetings. "If a quorum is not present at any meeting of the members, a majority of the members present may adjourn the meeting from time to time without further notice."

Situation: Some are reading this as just additional verbiage while others are interpreting it as saying/indicating that if a Quorum is not present and no one adjourns the meeting, as it indicates they can, then the meeting and any voting that's required at the meeting can continue and is binding, just as if a Quorum was present.

I volunteered to bring the question before this forum. Thx.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
LukeA: This quote from your Bylaws is very confusing--it actually can imply that if a quorum is not present of members, then a majority of members may adjourn the meeting;...and...'may adjourn the meeting from time to time' makes no sense at all.

I would suggest you look carefully through the bylaws for reference for holding a meeting to conduct business and how does your community go about passing a vote, election of directors, etc. To use this 'quorum reference' without any other reference to conducting business is very subjective to the reader. Also, do your bylaws make any reference to using Roberts Rules of Order?
RogerB (Colorado)
Posts: 5,067
Posted:
Luke, the meeting can not be called to order if there is not a quorum present. The wording is interpreted to mean a vote to adjourn without a meeting. Otherwise, you could sit there forever waiting for more members to arrive. It is also expedicious to establish a future date to meet again.
LukeA (Texas)
Posts: 11
Posted:
PaulM, Here is the rest of the section under a Membership Meeting Quorum in our By-Laws. No problem here, its just that last sentence.

"The members holding ten percent (10%) of the votes which may be cast at any meeting shall constitue a quorum at such meeting." Then this if followed by that which I first quoted above, that's it.

Under the BOD Meetings the section on a Quorum reads, in total:

"A majority of the Directors (four) shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. If less than a majority of the Directors is present those present may, by unanimous action, adjourn from time to time without further notice."

That is our delema. I was hoping someone here might know what in fact they are trying to say? That is why we have the different opinions.

No PaulM, we do not have any reference to Roberts Rules of Order in our By-Laws. It has for some 25 years basicly been a good-o-boys system and has worked for the most part but time and change is catching up. Those original By-Laws that wording came from, was a product of the Attorney that drafted them for the Association, not the Association Members. I myself am basicly a newcomer here but have been in three different Associations in the past and have never seen wording even close to this.
LukeA (Texas)
Posts: 11
Posted:
Rodger, your post came in as I was replying to PaulM and I just saw it. Thank you.

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