What contitutes a quorum of owners???

Started by AndrewF • 5 replies • 1162 views

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AndrewF (Virginia)
Posts: 25

Posted:

can anyone please help me clarify the following from the Virgina POA Act?

D. A declaration may be amended by a two-thirds vote of the owners. This subsection may be applied to an association subject to a declaration recorded prior to July 1, 1999, if the declaration is silent on how it may be amended or upon the amendment of that declaration in accordance with its requirements.

Thanks.....

PaulM (Pennsylvania)
Posts: 1,347

Posted:

AndrewF: This is not addressing a quorum. It is stating what is necessary to amend the Declaration PROVIDED the Declaration was recorded before 7/1/99, and provided said Declaration is SILENT on the amendment process to be used.

If you are asking what is a quorum (number of members present/or by proxy) so business can be conducted at a meeting), please state how your docs refer to quorum.

GeraldT4
Posts: 1,022

Posted:

AndrewF - My understanding is that quorum is the minimum majority of a certain number in order to conduct business. So, there's a quorum of the Board, and a quorum of the community. When quorum is not met, business can't be conducted. If the certain number of owners (or votes entitled to be cast)is 100, quorum according to my understanding is 51% or 51 owners. If the certain number of Board members is 7 than quorum according to my understanding is 4 board members.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GeraldT4 & Andrew: Each association will have its own percentage which dictates what is quorum. Resident/member quorum will be stated in the documents--sometimes 25%, sometimes less--the number needed to CONDUCT BUSINESS, and as other posters have stated elsewhere, is always announced at the start of the meeting--Quorum has been met! (if not met, business cannot be conducted...)

Be careful with the example used of... "If the certain number of owners (or votes entitled to be cast)is 100, quorum according to my understanding is 51% or 51 owners." It can be confusing, but keep quorum separate from a majority of votes necessary for something to pass.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Andrew,

Your Posting Headine asked "WHAT CONSTITUTES A QUORUM OF OWNERS?" That answer is somewhere in your Articles of Inc or Bylaws. If you do not have that stated in your docs, then your State has a guideline BUT you did not post that. A quorum can be as low as 20% or as high as 50% or anywhere in between or even higher. Look in your Docs first and then you might have to go to State Statutes but my guess is that you already have it written.

This paragraph that you quoted from the Statutes is basically not much of anything. It is telling an association that _IF_ you do not have a number of how many votes it takes to pass an amendment, then the State reccomendes 2/3rds of the owners. And it is only for Associations created prior to July 1, 1999.

GeraldT4
Posts: 1,022

Posted:

PaulM - I understand each association may have it's own percentage which dictates quorum. However, by definition quorum is the minimum majority in order to conduct business. It always baffles me that there are gov. docs. that permit 25% of a community to constitute quorum. Because 25% of anything is not a minimum majority. 51% of 100 is a minimum majority. Be that as it may, I do understand that quorum is just to hold the meeting, and that the votes necessary for something to pass may vary (2/3rd's, majority, etc.).

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