Monthly Board Meeting and Quorum

Hello,

We currently have our monthly HOA meeting and our Board of Directors meeting scheduled for tomorrow (Wednesday). We are suppose to have a senven (7) member board, however after the July election we had three (3) resignations and one (1)appointment, which led us to operate with a five (5) member board. We recently had another resignation leaving only four (4) members and at the meeting tomorrow we are scheduled to vote on several issues. I found out that another Board member will not be attending the meeting, leaving only three (3) members attending. I say that with only three (3) Board members present, that will not constitute a quorom and therefore the meeting will have to be postponed. Our President says I am wrong and the meeting can continue and take votes with only three (3) members. Who is right?

No doubt about it Monica, Donna is right.

Of course the president may call the meeting to order and try to hold a meeting. You and any one else that knows what is right should call for a "Point of Order and make a motion that a quorum is not present." The explanation in the documents should then be motioned to be included in the minutes. Those objecting to the presidents conclusion can ask for a justification to hold the meeting from the president, and if one is given, object to the explanation and bring that up for discusion. This situation is entirely the Boards fault anyway. They could have appointed additional emmbers.
I think they might be trying to jerk you around and there will be a qurom there. This kind of action by any board should not be tolerated and if I was sure that he was going to conduct an illegal meeting, I would not attend or walk out. Then I would actively pursue action to0 get him recalled. He is wrong.

MonicaE: You state there will be 3-B members at the meeting out of 7--this is not the majority, and does not meet quorum, UNLESS your docs do state a lesser number as Board meeting quorum.

You state..."at the meeting tomorrow we are scheduled to vote on several issues.." MonicaE, will the business (vote) be taken among all residents at the meeting, or will it be a vote taken only among B-members?

This is an interesting situation. Now it has me thinking and hopefully some of the more veteran B-members will respond.

Right Robert,
It won't matter if the entire membership shows up, with no Board quorum, there can be no meeting, even if they are voting on a matter. They can have a gathering of the membership but NO meeting.

Hey,
That might work. I hope that Monica gets some support, makes a list of things to get accomplished and gets the membership motivated to move forward ,to create an association that they can enjoy and live together in harmony. Good Luck to them all.

Monica:

Just make sure your CCR's don't say that 5 or 7 can be on the board. There are governing documents that allow 3 to 5 board members; or 5 to 7.