Quorum

Started by Kelly • 2 replies • 3243 views

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Kelly (Texas)
Posts: 1

Posted:

I want to make sure that I understand the meaning of a quorum.

If we have 40 houses, then a quorum would be a majority, which is 21. So, if 21 homeowners show up at a meeting and we have a vote on something, then a quorum is represented and the majority of that vote wins. So, we would need only 11 "yes" votes to pass something, as long as 21 voted. Is this correct?

This is the exact wording from our by-laws:

When a quorum is present at any meeting, the vote of the holders of a majority present in person or represented by proxy shall decide any question brought before such meeting, unless the question is one upon which, by express provision of law or the Articles of Incorporation, a different vote is required, in which case such express provision shall govern and control the decision of such question.

Thanks.

Kelly

EdR (Texas)
Posts: 170

Posted:

Kelly: Your CC&Rs probably state what a quorum is for voting purposes, or your bylaws or Articles of Incorporation. This is just in my assn. but there are 443 homes, our CC&Rs state that for election there has to be a 10% quorum having voted for election--that is 44 people have to have voted. Check to see what the rules state for your HOA/POA. Then, a quorum of a board is half plus one, which is why boards are an uneven number. For instance in a board meeting, here again, ours is this way--of nine directors, five must be present to have a quorum. If not five, they have to cancel meeting. If five are present and there is a vote on a motion, etc. it used to be that the president only voted to break a tie, but she changed that to her always voting, which technically doesn't make a difference, but she had the votes planned before the meeting anyway, and in fact decided who shouldn't attend so they had the deck stacked however. Bottom line, there are different quorums for different purposes--when election night comes up, before they can proceed with the election process they have to have 10% of the assn. having participated. Again, check your documents because it should be in the controlling governing documents.
EdR

RogerB (Colorado)
Posts: 5,067

Posted:

You are correct Kelly - IF your bylaws define a quorum as a simple majority (over 50%) and assuming that all members are qualified to vote and there is an equal vote for each unit.

The bylaws should define what constitutes a quorum. A Quorum is the number of qualified members of a body that when duly assembled are legally qualified to transact business.

For larger groups, say 200, the bylaws may define a quorum as 10% of the members. In such a case it would take 20 members present in person or by proxy to conduct business. And when a simple majority of those members present is required to pass a motion, then 11 voting to approve pass a motion.

For small bodies, such as a Board of Directors, a quorum should also be defined in the bylaws and usually is a simple majority. So for a 5 member Board a quorum is 3. For a motion to pass it nornmally takes a simple majority of those present for a motion to pass - if three are present it takes the approval of 2 ; with 4 present it takes 3; and with 5 present it takes 3.

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