HOA election quorom

Started by GoldF • 6 replies • 1360 views

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GoldF (Nevada)
Posts: 6

Posted:

ok here is the thing,
Our bylaws require us to have 66% of 45 people to have a quorom. However among 45 lets say 15 are either under floreclosure and arent current deliquent with accounts hence cannot participate in election voting process. So now , is the quorom 66% of original 45 or 66% of new 30 owners?. What is the right thing?. How should the management proceed ?.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Go back a re-read your quorum requirements in the bylaws.

Does it say a certain percentage "of the current Members" or does it give an exact number?

Quorums are USUALLY based on the number of Members in good standing. Yur Secretary should have the official list of how many Members you have.

Remember: the number needed for the VOTING is NOT based on the quorum, but rather on the Members who actually vote.

Again, your bylaws should explain all this.

GoldF (Nevada)
Posts: 6

Posted:

unfortunately our bylaws just say 66% of people make a qurom . It doesnt say anything else. however our property management company doesnt know this either .

SusanW1 (Michigan)
Posts: 5,202

Posted:

You mean 66% of the MEMBERS, right? (not "people")

Therefore, just calculate 66% of the current Members to get your quorum.

GoldF (Nevada)
Posts: 6

Posted:

yes 66% of owners .but by law should it be a 66% of eligible owners or all owners?/.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Gold,

If your bylaws say 66% of the members that means ALL the members whether delinquent or in violation of the CCRs or not. However, if they say 66% of the voters eligible to vote then those delinquent would be discounted when computing the quorum. And if they say 66% of those voting, members not present or delinquent would be discounted when computing the quorum.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your quorum requirsment seems high.

Do you allow proxies to meet the quorum?

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