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DennisG7 (Georgia)
Posts: 155
Posted:
Last December our BOD held its annual meeting and conducted the election of BOD members. We have 189 homes/members in the HOA and require a 25% quorum to conduct meeting, etc. After announcing the annual meeting and seeking nominations for any members interested in running for the Board several times in the month preceding the event we got ZERO response. Not one person indicated an interest in running. At the General Meeting we had a total of NINE people show up...very disappointing. With no quorum and only 12 votes cast, the 9 HOA members and the 3 BOD members, we conducted an informal meeting for about 45 minutes to review what we had done over the past year and looking forward to 2023.

Our next annual meeting and election is scheduled in about 3 weeks. It has been announced via email, a letter to all members and is posted on our bulletin board. A couple days ago I had a member talk with me and during the conversation she said not to expect many people at the meeting and a low voter turnout again. She indicated that the membership is pleased with our Board and how things are going.

My question? I'm anticipating another repeat of last year, about 10 or 12 people and only a handful of votes, not even a quorum. Is the result of such a small voter turnout legal and recognized?

Thanks for your thoughts.

Dennisg7
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By DennisG7 on 11/19/2023 5:35 AM

My question? I'm anticipating another repeat of last year, about 10 or 12 people and only a handful of votes, not even a quorum. Is the result of such a small voter turnout legal and recognized?
It is legally recognized in the following sense:

From the Georgia Nonprofit Corporation statute, section 14-3-805:

Despite the expiration of a director's term, the director continues to serve until the director's successor is elected, designated, or appointed and qualifies or until there is a decrease in the number of directors.

In other words, if quorum is not attained, and hence the election is not conducted, incumbent directors lawfully continue in office.

I have yet to see a state nonprofit corporation statute that says otherwise.

As long as enough directors are serving, I would not sweat this. As the one owner noted, the failure to attain quorum might be reasonably interpreted to mean most owners are satisfied with the status quo.
SheliaH (Indiana)
Posts: 6,964
Posted:
What ElleN said.

You may have a combination of people being satisfied with the current board and apathy, which sadly is something every HOA has to deal with to sone extent. If you want an annual meeting that meets quorum, you'll have to do the work and go out and talk to people to persuade them to come.

One year, our board gave away gift cards in a drawing - to enter, you had to either show up or return a signed proxy. It worked the first time- not many attendees, but more proxies. The next year was a bust, so we said that's that - and tge year after that, we met quorum. Go figure.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ConchoP (Texas)
Posts: 208
Posted:
Our Bylaws allow for the quorum of the membership to drop for each reconvene. We also rely on absentee ballots as they can be held for each reconvene. We will hit a quorum by the 2nd reconvene.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
we have same problem so we switched to online ballot meetings which are legal in NC. I
think they are legal in GA too?
https://www.caionline.org/Advocacy/Priorities/elecvoting_virtualmtgs/Pages/GA.aspx

You just hold an informational meeting and then send out an email saying you will vote to double the dues and elect new board members.
you get maybe 20% response with first email and then wait a week and 2nd email might get another 10%. we let them vote on electionbuddy.com for 2 months.

vis ta vie

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