Question meaning

Started by RobertR1 • 5 replies • 1434 views

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RobertR1 (South Carolina)
Posts: 5,164

Posted:

Section 6. Quorum. At all meetings, Regular or special, a quorum shall consist of the presence in person or by proxy, of members holding greater than fifty per cent (50%) of the Percentage Interests. If a quorum shall not be present at any meeting, a majority vote of that percentage present, in person or by proxy, may adjourn the meeting from time to time until a quorum can be obtained. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice.

This means what?

BradD2 (Florida)
Posts: 418

Posted:

It would seem to indicate that you must have at least half of the people present or someone present on their behalf with valid proxy documents or you can't do anything. Ours is like 10%.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hi Robert,
That is your definition of how many members are required to be present--in person or by proxy-- to hold a valid meeting. Greater than 50% means that if you have (example)-100 members, you need 51 members by proxy or in attendance to have a valid meeting.
Now, if those present are (example) 40 by presence or proxy, then the majority of them could vote to adjourn the meeting until you can obtain your quorum (50% + 1)
After the adjourned meeting, business which was to be transacted, may be transacted without further notification to the members.
I read that to say that the Board may act on items that were originally to be addressed but without a meeting, they were unable to do so. This gives them the ability to proceed with business.Not being able to have meetings is a huge holdup for Boards and this gives them an okay to do their job.

Our Quorum is 30% which makes it easier to function. Something to consider down the road.

GloriaM (North Carolina)
Posts: 829

Posted:

A quorum needs to be established by 50% of the membership in person and by proxy ballots. If you do not reach that quorum with proxies or people in attendance; the majority of the ones that did show or hand in their proxies can adjourn the meeting. At any meeting that this took place any business that was tranacted (voted upon)may continue without further notice.

NancyD1 (Florida)
Posts: 447

Posted:

Robert,

Donna hit this one. Come on, you must have more with ambiguous language in it. All I could think of after I read your #2 question is, the attorney that wrote that sentenance needed some sort of validation of his chosen profession. His parents should be proud.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

To Donna, Paul and Nancy,
I think I got it now. You read this stuff and study it and then you start scraping away all the stink. Then if there is anything left, that is what you have to consider, but if there is nothing left, you go on to something else.

History:
Documents were formed around 1979 but the developer and lawyer. Never touched until 2004 and I was part of this re-write committee. End result I had some issues the President didn't want to address but he had no trouble changing what he wanted changed with lawyer. The action to change (re-write documents) was done because of a lot of noise I made. After the act was done, i wrote board and was critical of end result and conduct of lawyer having private meeeting with president and manager and questioned some other covenants that the Board traditionally ignores. Lawyer gave verbal reply to our manager that all my concerns were nothing that are problematic. I asked the Board for a written reply and they said no can do, client/lawyer rule.

Now who do you think wrote those original covenants in 1979? That's right, the lawyer that rewote them, and is our Lawyer for condo matters,

Have I got it yet? Just bought some more bananas!

And yes we are about 90% absentee owners. Right now we may have about 10 units occupied, after Thanks day we might see a couple snowbirds renting for the winter. So quiet around here a small hawk landed on our balcony, and devoured his capture (an smaller bird) and we are watching five feet away.

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