If a quorum is not met when one of the board members is absent

PaulL12 (California)
Posts: 116

Posted:

Let's say something has been agreed to be voted on. One or more board members are absent such that a quorum is not met - and if those board member(s) had been present, the potential of a quorum being met would have been possible. Must this be voted on again later when there are enough board members present?

PatJ1 (North Carolina)
Posts: 568

Posted:

Since there wasn't a board quorum, there is no "voted again later", there was no vote. Vote can be taken at a later meeting with a quorum, or if your state allows, by email vote. Check your state allowances for email votes.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Yes, it should be voted on at the next meeting a quorum is present.

"voted on again" implies that a vote was taken at the meeting a quorum was not present. If there is no quorum, no business should be conducted - hence the initial vote would (should) not have taken place.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with Pat and Tim. If there is no quorum, there literally is no meeting thus no voting. In CA, voting by email is only permitted for emergencies.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

No Quorum, no voting. Pack it up and go home.

LetA (Nevada)
Posts: 2,679

Posted:

You can reschedule that meeting following your state laws and governing documents that outline such an occurrence. Usually notice must be given to owners 10-30 days to reschedule a meeting.
Kind of odd that nobody called in or Zoomed for the meeting.

KerryL1 (California)
Posts: 14,550

Posted:

I think, LetA, that Paul is talking about a Board meeting, but now I'm not so sure. Anyway, if an open board meeting, 4 days' posted notice is required to hold it.

BillH10 (Texas)
Posts: 1,217

Posted:

Kerry, based on the language in the OP, it almost certainly must be a Board meeting.

Every member of the Board could be absent from an Association meeting and it could proceed so long as there is a quorum of owners. Unless there is some very unusual language in the documents of his association.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By PaulL12 on 10/17/2021 5:37 AM
Let's say something has been agreed to be voted on. One or more board members are absent such that a quorum is not met - and if those board member(s) had been present, the potential of a quorum being met would have been possible. Must this be voted on again later when there are enough board members present?

In what setting did the meeting occur, a board meeting, or owner meeting?

KerryL1 (California)
Posts: 14,550

Posted:

I can easily see that, Bill. But Paul's use of language makes me uncertain. And e know posters sometimes get board meetings and meetings of he members (owners) meeting mixed up.

It sound like, too, that it's a Board of 2 3 if only one absentee means quorum is not met.

Paul, how many are on your Board?

BenA2 (Texas)
Posts: 1,273

Posted:

"Must this be voted on again..?"

I agree with the others that there would be no "again" since the vote did not take place but, unless there is a legal or other requirement for the vote (such as elections), then no, the board does not ever have to vote on anything so there is no requirement to vote at the next meeting. Under normal parliamentary procedures, if a the board does not call for a vote with a motion and second, the vote never happens.

It is entirely proper in some circumstances for the president or directors to avoid or block a vote.

PaulL12 (California)
Posts: 116

Posted:

Quote:

Posted By KerryL1 on 10/18/2021 7:15 AM
I can easily see that, Bill. But Paul's use of language makes me uncertain. And e know posters sometimes get board meetings and meetings of he members (owners) meeting mixed up.

It sound like, too, that it's a Board of 2 3 if only one absentee means quorum is not met.

Paul, how many are on your Board?

There are five on the board. Something was proposed and voted on while only four were present. The vote was 2 to 2. As a quorum was not reached, it did not pass. It was proposed again for vote among all five, but no one wanted to vote on it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By PaulL12 on 10/18/2021 11:36 AM

Posted By KerryL1 on 10/18/2021 7:15 AM
I can easily see that, Bill. But Paul's use of language makes me uncertain. And e know posters sometimes get board meetings and meetings of he members (owners) meeting mixed up.

It sound like, too, that it's a Board of 2 3 if only one absentee means quorum is not met.

Paul, how many are on your Board?

There are five on the board. Something was proposed and voted on while only four were present. The vote was 2 to 2. As a quorum was not reached, it did not pass. It was proposed again for vote among all five, but no one wanted to vote on it.

Paul

4 of 5 constitutes a Quorum as would 3 of 5. With 4 there and a 2 to 2 vote, the Motion did not pass. When all 5 were there and a Motion was made, it would require a 2nd to bring it to a vote. If no 2nd, it dies. If it was Seconded it would have to be voted on unless the original person Motioning it withdrew it.

You need a bit of work on your procedure understanding.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnC46 on 10/18/2021 11:43 AM

Posted By PaulL12 on 10/18/2021 11:36 AM

Posted By KerryL1 on 10/18/2021 7:15 AM
I can easily see that, Bill. But Paul's use of language makes me uncertain. And e know posters sometimes get board meetings and meetings of he members (owners) meeting mixed up.

It sound like, too, that it's a Board of 2 3 if only one absentee means quorum is not met.

Paul, how many are on your Board?

There are five on the board. Something was proposed and voted on while only four were present. The vote was 2 to 2. As a quorum was not reached, it did not pass. It was proposed again for vote among all five, but no one wanted to vote on it.

Paul

4 of 5 constitutes a Quorum as would 3 of 5. With 4 there and a 2 to 2 vote, the Motion did not pass. When all 5 were there and a Motion was made, it would require a 2nd to bring it to a vote. If no 2nd, it dies. If it was Seconded it would have to be voted on unless the original person Motioning it withdrew it.

You need a bit of work on your procedure understanding.

ADD ON

I have been known to Second a Motion to bring it to a vote then I voted against it. I have been known to make a Motion and then vote against it. Reason is I wanted it on record that it was Motioned, Seconded, and voted on even when I did not like it.

MaxB4
Posts: 3,513

Posted:

Paul,

Was the proposal on the agenda, properly noticed to the members. If no, then no vote could legally take place.

KerryL1 (California)
Posts: 14,550

Posted:

Paul, you have the words "quorum" and "majority" mixed up. Are you on the Board?

Your Bylaws require a quorum for the Board to be present to conduct business. Usually, a quorum IS a majority of the members of the Board. Without a quorum, the Board can do nothing.

When your board has a (or "makes") quorum, then you need a majority of that quorum to vote to approve a motion. A tie means the motion "fails"; it does not pass; it is not approved.

Max's point is that in CA, the item must be listed on your written open meeting agenda that must be posted 4 days ahead of the meeting g for owners to review. If it is not, the Board should not discuss or vote on it unless urgent.

(JohnC. We, too, have motions seconded, for the same reason that you do, but, there's no requirement in Robert's Rules that motions be 2nded on small boards.