Election and Annual meeting

Last May there was an attemtp at an annual meeting, but we did not have a quorum. The Board completed their one year term, but we had no election due to lack of quorum. There were approximately 40 proxies sent in out of 296 homes. Less people showed at the meeting. I believe one reason is that this Board has ostracized themselves from the rest of the association.

A committee has been formed to get another election and with that have our annual meeting.

We have gotten some legal counsel and are moving forward.
1. We have composed a letter addressing the issues
2. We plan to have mailings and go door to door
3. Our attorney will recevie the proxies at his office to turn over to Property Management Company to be counted in the presence of him or committee members.

Reason: The Property Management company told the Board that the way to stay in is never get a quorum. This person was sitting at the meeting and would testify that this is what he said.

Therefore, we do not feel we can trust this managment company

Any suggestions from anyone that has dealt with this in the past?

Thanks,
Louise1

Louise1,

Unfortunately I too have had difficulties with establishing quorum. That is why (once elected to the board) I purposed to NEVER waste HO money on holding elections over and over because quorum wasn’t established. The current board should take it upon themselves to solicit for proxies several weeks prior to the elections, each and every year.

What does your governing documents state is the percentage required too establish quorum? In my community it is 25% of eligible homeowners, Member in good standing (according to our governing documents).

Our community is made up of 275 homes approximately only 8% (over the course of several years) were not eligible to vote, therefore their proxy wern’t collected. The board collected 41 proxies and several of the homeowners themselves collected some, with all who attended and proxies we had established quorum.

Obviously, you are able to use proxies to establish quorum in your state. I suggest gathering as many as possible and deciphering who is or isn’t eligible to vote, (MC, board members can verify). Too avoid this in future elections.

There are several hundred previously written posts discussing this very same thing, many of which I had posted myself, with some excellent advice for fellow HOA members. Use the search box located in the upper right hand corner of this page for much more information.

Best of luck
Chuck W.

Louise, I would amend the By-laws to correct this problem if state statutes allow. With 296 homes I suggest a quorum of 10% of the eligible members in good standing, including proxies. Following are examples:

Quorum.
The presence at a meeting of Members of the Association entitled to cast, or of proxies entitled to cast, ten percent of the votes in the Association shall constitute a quorum. Unless otherwise specifically provided by the Declaration, the Articles of Incorporation, these Bylaws, or by statute, all matters coming before a meeting of Members at which a proper quorum is in attendance, in person or by proxy, shall be decided by the vote of a majority of the votes validly cast at such meeting.

If a quorum is not present in person, or by proxy, at a meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting, from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented.

Proxies.
At all meetings of the Association, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary of the Association at or before the time of such meeting. Proxies may be given only to other Members of the Association. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his or her Lot. No proxy shall extend beyond a period of sixty days.