CA 20% election drop down?

Started by JackieB4 • 5 replies • 138 views

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JackieB4 (California)
Posts: 398

Posted:

Is this simple math or am I missing a major point?
Annual election ballots received for HOA of 140 SFH's.
PM said "31" received but "4 more needed"so Inspector of Elections count delayed.
But wouldn't "31 ballots received"meet the 20% for the next count in 20 days? Why is PM saying we need 35?
Where does 35 enter this puzzle? Yes, continue accepting all ballots until the count.
Yes, PM has not responded to my inquiry as I post this.
Jackie

TimB4 (Tennessee)
Posts: 21,059

Posted:

According to Corporate Code 7512, you need 1/3 of the voting interest for a quorum unless your governing documents specify a different number. This would equate to 47 lots/units. Since your manager said 35 were needed, it tells me your Association documents must specify a value of 25% for a quorum.

According to Civil Code § 5115, if you don't achieve a quorum at the first meeting, you may hold a second meeting at a reduced quorum requirement of 20%.

You will need to read your governing documents to verify the quorum amount for the first meeting.

I expect, from info in your posting, that this is your first attempt at this meeting so you would need 35 lots for a quorum vs. your second meeting for a reduced quorum of 20%.

JackieB4 (California)
Posts: 398

Posted:

Tim, as usual and MUCH APPRECIATED, you're spot-on. Our original 40 year old documents have an ADJOURNED MEETING section that states the "25% of voting power". I was reading the
ELECTION PROCESS section and found nanda! Our PM also updated me. This learning curve vs Davis Stirling is quite a journey.
Thanks, Jackie

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By JackieB4 on 05/19/2025 8:58 AM
Is this simple math or am I missing a major point?
Annual election ballots received for HOA of 140 SFH's.
PM said "31" received but "4 more needed"so Inspector of Elections count delayed.
But wouldn't "31 ballots received"meet the 20% for the next count in 20 days? Why is PM saying we need 35?
Where does 35 enter this puzzle? Yes, continue accepting all ballots until the count.
Yes, PM has not responded to my inquiry as I post this.
Jackie

Shouldn't your initial quorum be at least 71?
If an adjourned meeting is necessary, I believe the maximum needed is 20% unless your governing documents permit a lower percentage.

TerriS6 (California)
Posts: 3,284

Posted:

Jackie, what do your documents say the initial quorum has to be?

TerriS6 (California)
Posts: 3,284

Posted:

I’m sorry, Tim, you had it all covered!

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