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TristaJ (Texas)
Posts: 96
Posted:
Our old mgt company would call our members to help us meet quorum. Is that something mgt companies do normally or did they go above and beyond?

The new company's contract says: Organize meetings of owners including the preparation of notices, agendas, and other necessary documents.

Guide/assist board in performance of their obligations.

Assist board, to extent practical, assist in administration of provisions of declaration, etc.

I just paraphrased some of the contract above. I guess it can be interpreted different ways.

thank you for your input.
MaxB4
Posts: 3,513
Posted:
It is the members responsibility to reach quorum. The management company and its employees are not members of your association. What you stated from your new management company is the correct approach.
MichaelT21 (Arkansas)
Posts: 462
Posted:
I would agree that few (i.e., none) management companies call homeowners as cold calls to get them to come to a meeting. First of all, nobody calls each other anymore. Second, it'd take more time that the management company probably has for your account.

However, you can ask your management company if they can text-message (SMS) blast invitations to come to the meeting. If they have the capability, that might be an effective way of reaching everyone in your community without taking huge amounts of time. Ours does not have that capability.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By TristaJ on 11/02/2022 8:49 AM
Our old mgt company would call our members to help us meet quorum. Is that something mgt companies do normally or did they go above and beyond?
If this was not expressly in the contract, then I think an MC is out of line to phone members. It's too likely that a conversation would result, and the MC's biases would potentially influence voters. Whence HOA resources (meaning here management's time, for which members en masse pay) are potentially going to support one candidate over another.

Dropping off flyers, or an email blast, urging people to submit a proxy or attend so that quorum is met, is better.
KerryL1 (California)
Posts: 14,550
Posted:
With others, Our PM does an eblast and the Annual meeting also is well-publicized on our website. How many members are in your HOA? Phoning each would be a complete waste of the PM's time.

Ever since CA required absentee ballots be sent out to Owners, which do count towards quorum, our HOA never has trouble reaching quorum.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 11/02/2022 10:20 AM
With others, Our PM does an eblast and the Annual meeting also is well-publicized on our website. How many members are in your HOA? Phoning each would be a complete waste of the PM's time.

Ever since CA required absentee ballots be sent out to Owners, which do count towards quorum, our HOA never has trouble reaching quorum.

I understand you no longer have quorum requirements for elections.
MaxB4
Posts: 3,513
Posted:
As a management company, we will send out nomination forms, notice of meeting, ballots and provide necessary information to whoever the inspector of elections will be. Unfortunately, a number of boards don't want to reach quorum so they can stay in power. This happens more often than you think. That is why we stay out of the politics of an election.
MichaelT21 (Arkansas)
Posts: 462
Posted:
Quote:
Posted By KerryL1 on 11/02/2022 10:20 AM
With others, Our PM does an eblast and the Annual meeting also is well-publicized on our website. How many members are in your HOA? Phoning each would be a complete waste of the PM's time.

Ever since CA required absentee ballots be sent out to Owners, which do count towards quorum, our HOA never has trouble reaching quorum.

Our Board's experience is the same as Kerry. With abseentee ballots (first time last year), we had a 33% response rate which easily met our 25% quorum requirement. I expect that our response rate this year will be similar or higher than last year.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MichaelT21 on 11/02/2022 11:08 AM
Posted By KerryL1 on 11/02/2022 10:20 AM
With others, Our PM does an eblast and the Annual meeting also is well-publicized on our website. How many members are in your HOA? Phoning each would be a complete waste of the PM's time.

Ever since CA required absentee ballots be sent out to Owners, which do count towards quorum, our HOA never has trouble reaching quorum.


Our Board's experience is the same as Kerry. With abseentee ballots (first time last year), we had a 33% response rate which easily met our 25% quorum requirement. I expect that our response rate this year will be similar or higher than last year.

Unless specified by law or one's Bylaws, returned ballots may or may not count toward Quorum. It is easy enough to make a returned ballot count toward Quorum. The Ballot just has to say so.
MichaelT21 (Arkansas)
Posts: 462
Posted:
Quote:
Posted By JohnC46 on 11/02/2022 11:17 AM
Posted By MichaelT21 on 11/02/2022 11:08 AM
Posted By KerryL1 on 11/02/2022 10:20 AM
With others, Our PM does an eblast and the Annual meeting also is well-publicized on our website. How many members are in your HOA? Phoning each would be a complete waste of the PM's time.

Ever since CA required absentee ballots be sent out to Owners, which do count towards quorum, our HOA never has trouble reaching quorum.


Our Board's experience is the same as Kerry. With abseentee ballots (first time last year), we had a 33% response rate which easily met our 25% quorum requirement. I expect that our response rate this year will be similar or higher than last year.


Unless specified by law or one's Bylaws, returned ballots may or may not count toward Quorum. It is easy enough to make a returned ballot count toward Quorum. The Ballot just has to say so.

Our state law, according to the attorneys, says that all returned absentee ballots count toward quorum regardless of whether they say that or not. They could be wrong, of course, but we go on that.
MaxB4
Posts: 3,513
Posted:
John

Many governing docs are not updated when state statues are, so looking through one's Bylaws ain't the answer.

I have a number of self managed HOA that think the can still do Action Without a Meeting because it says so in their Bylaws.
KerryL1 (California)
Posts: 14,550
Posted:
It' also the case, JohnC, that some states require that Owners attend the annual meeting & election in person or by proxy to make quorum. I though you'd written it's that way in SC? In those states, absentee (mail-in) ballots aren't even acceptable.
NA1 (Massachusetts)
Posts: 190
Posted:
Our quorum is 50%. We can hit it by absentee balloting, calling owners, and knocking on doors. Meetings never get to quorum. Usually we are under 20%.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 11/02/2022 4:02 PM
It' also the case, JohnC, that some states require that Owners attend the annual meeting & election in person or by proxy to make quorum. I though you'd written it's that way in SC? In those states, absentee (mail-in) ballots aren't even acceptable.

Our Quorum requirement is 20%. We can achieve it by people in attendance and/or via proxies. Our BOD sends a Proxy out with the Annual Meeting Notice (via USPS). Part of the Proxy states it will be used to achieve Quorum. Only one time in 7 years (our first year of owner control) did the Proxy contain any thing for owners to vote on and it was Bylaw Amendment to change Quorum from 50% to 20% and it passed. Also if not for Proxies, we would rarely meet Quorum (23 of 112 owners).

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