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MichaelH34 (North Carolina)
Posts: 179
Posted:
We're having our first annual meeting and it's going to be held via Zoom. Yes, it's explicitly allowed in NC.

My question is...

How do we handle the possibility of losing quorum when something as simple as a network hiccup can cause someone to leave the meeting? I haven't seen any guidance for us in NC.

For example, if we take roll, establish quorum and then someone leaves the meeting, either deliberately or because their connection drops, it seems clear that we would lose quorum if that then takes us below the number of attendees needed for that. In NC HOUSE BILL 320 there are no special provisions covering this so I would expect in-person rules to apply.

So, do we do everything in our power to get the person back online and continue the meeting? I would think so. But when do we give up?

Thoughts?

One further question...

With electronic or in-person meetings, what happens if quorum is lost after individual business has been concluded? To be specific, we'll have our election. If we finish counting votes, announce the new board members and we lose quorum, does that render the election void? I would hope not but hate to assume either way. I would hope it would only affect items that haven't been discussed at that point.
AugustinD
Posts: 3,698
Posted:
North Carolina Condo Statute § 47C-3-109.

Quorums.
(a) Unless the bylaws provide otherwise, a quorum is deemed present throughout any
meeting of the association if persons entitled to cast twenty percent (20%) of the votes which
may be cast for election of the executive board are present in person or by proxy at the beginning
of the meeting
.


North Carolina Planned Community yada statute § 47F-3-109:

Quorums.
(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast ten percent (10%) of the votes which may be cast for election of the executive board are present in person or by proxy (u>at the beginning of the meeting.
DavidL44 (California)
Posts: 6
Posted:
Your answer should be found in your NC statutes that allow the electronic meeting or probably even in your traditional in person meeting requirements. In my state once the quorum has been reached and the meeting started that is it. Your good to go. If someone, member or Board member, wants to throw a hissy fit and storm out it doesn't matter. The meeting and votes continue. But obviously your state may be different.
MichaelH34 (North Carolina)
Posts: 179
Posted:
Thank you both. It's been a long day and my brain is fried. I should have gone through all my references before stopping at https://lawfirmcarolinas.com/blog/what-happens-if-you-lose-quorum-during-a-meeting/

Our bylaws and NC HOUSE BILL 320 are silent on the subject of when quorum is met so I expect statute § 47F-3-109 applies.

Thanks for indulging my fried brain. It's Friday so I must now go pickle it...

Have a good weekend.

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