MonicaE (Nevada)
Posts: 21
Posts: 21
Posted:
I need some help from people who know the legal answer....
Our docs state our community (170 units) is suppose to be a 7 member Board. Our docs define "Quorum": The presence at any meeting of Members who hold votes equal to forty percent (40%) of the total voting power of the Association, in person or by proxy, shall constitute a quorum for consideration of that matter.
I understand that paragraph to reference a Homeowners meeting and not a Board Executive meeting. There is no other definition in our docs about a quorum of an Executive meeting; therefore the NRS laws take into effect about the establishment of a quorum needs to be the "majority" of the Board members to continue to do business and vote.
As a 7 member Board (suppose to be), we have had resignations and appointments but we continue to have only 4 members with our annual election in June.
My question: If one (1) of the 4 Board members does not attend an Executive meeting to conduct business, leaving only 3 Board members, can we continue to do business, take votes, sign contracts, etc and it be legal? I have received mixed responses from attorneys, association managers, Ombudsman's office, etc. Three Board members is not the majority of what is suppose to be a 7 member Board. Three Board members should not constitute a "Board" and have the ability to make such important decisions.
If anyone can help, I would much appreciate your feedback.
Our docs state our community (170 units) is suppose to be a 7 member Board. Our docs define "Quorum": The presence at any meeting of Members who hold votes equal to forty percent (40%) of the total voting power of the Association, in person or by proxy, shall constitute a quorum for consideration of that matter.
I understand that paragraph to reference a Homeowners meeting and not a Board Executive meeting. There is no other definition in our docs about a quorum of an Executive meeting; therefore the NRS laws take into effect about the establishment of a quorum needs to be the "majority" of the Board members to continue to do business and vote.
As a 7 member Board (suppose to be), we have had resignations and appointments but we continue to have only 4 members with our annual election in June.
My question: If one (1) of the 4 Board members does not attend an Executive meeting to conduct business, leaving only 3 Board members, can we continue to do business, take votes, sign contracts, etc and it be legal? I have received mixed responses from attorneys, association managers, Ombudsman's office, etc. Three Board members is not the majority of what is suppose to be a 7 member Board. Three Board members should not constitute a "Board" and have the ability to make such important decisions.
If anyone can help, I would much appreciate your feedback.