Annual meeting/election

Started by DennisG7 • 2 replies • 253 views

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DennisG7 (Georgia)
Posts: 155

Posted:

In about 2 weeks we will hold our annual meeting and will also elect new BOD members. Our CC&R says that we must have atleast 25% attendance for meetings to be valid.
My question is what if we don't have a 25% turnout? During some regular meetings we have had 8-10 members show up. That is far less than 25% (50 members).
Can the election be held and votes cast by those that attend?
None of the current HOA BOD are standing for reelection from what I have been told. If so, then if only 20-25 people attend and cast votes do we have a new BOD or not?
Thanks
Dennisg7

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Dennis

What is happening is your docs have set Quorum at 25% (50 owners) in order to conduct business including elections at your Annual Meeting. If this Quorum is not achieved, there can not be any business done including elections. If no election is held, the existing BOD Members stay in place as the BOD. In my HOA we could not reach Quorum without Proxies.

Some docs allow an Annual Meeting meeting to be recessed and held again 30 days later with the Quorum reduced by 50%. In your case down from 50 members to 25 members. Some docs all recesses to go on and on. At one HOA wed had 2 recess before we had a Quorum.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the Board, Dennis? JohnC seems to have it right.

BUT do your Bylaws or perhaps state a law let Owners vote by mail/absentee ballots? We do in CA. So we never have trouble making quorum (which is also about 50, i.e., 25% of Owners)

If Owners must be physically present, then you must work hard to collect proxies. OR provide an incentive for attendance like food & beverages.

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