Annual Meeeting, No Quorum?

Started by JerryV • 6 replies • 5084 views

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JerryV (Florida)
Posts: 45

Posted:

We are having our annual membership meeting next Thurs and due to the low number of residents requesting absentee ballots, may not have a quorum. As a rule we usually depend on the absentee ballots to make quorum. My question is, what happens if there is no quorum? Do we reschedule the meeting? What if we don't have a quorum then? Do we keep last years' budget and assessment? What about board members? Any help is greatly appreciated.

SheliaH (Indiana)
Posts: 6,964

Posted:

You'll have to check your bylaws to see what they say.

This happened to us a few years ago and only once since I've been on the board. At that time, we rescheduled the election to the next regular board meeting, putting it first on the agenda items, and notified the members, asking them to PLEASE send in the bloody things or at least show up for 10-15 minutes! However, I think we went ahead and had the officers give a report on what went on during the previous year. I've since learned that if there's no quorum, you really can't have a meeting. At that point, you may as well stop everything and reschedule.

In our association, the board approves the annual budget and assessment for the new year. If it feels a fee increase over 5% from the current year is necessary, that has to be approved by the members (homeowners). As for board members, if they're up for re-election, they'll have to wait until the net meeting to see

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GlenL (Ohio)
Posts: 5,491

Posted:

Jerry unless your CC&R’s provide an option for a second annual meeting with a reduced quorum then if you don’t have enough to meet quorum that’s it for this year. The Board members up for re-election would remain on the Board until they resign or an election can be held. As to the budget if your CC&R’s require H/O approval you’re locked into last year’s assessments until a meeting can be called and a quorum reached. If it doesn’t require H/O approval the BOD would follow 720.303 (6) and prepare it as prescribed by law.

Note: The president of the BOD or two Board members (check your CC&R’s) should have the ability to call a special meeting to hold an election or to vote on the budget but generally (check local listings) a SM can only be held for one specific purpose. For example a SM could be called at 7:30 to hold the election and a second one called for 8:00PM to vote on the budget.

Studies show that 5 out of 4 people have problems with fractions

DavidW5 (North Carolina)
Posts: 565

Posted:

Jerry,

I don't know about Florida but here in Virginia I do not believe that an absentee ballot can be counted towards the annual meeting quorum requirement. We have this issue in our association since the board has not made any provision for proxies, which do count toward the quorum. When we pointed this out to the election committee they scheduled a meeting with the association attorney for this week (to be held in executive session). We are awaiting the outcome.

MaryA1 (Arizona)
Posts: 7,043

Posted:

David,

It would depend upon the wording of your bylaws. If it says members may cast their votes in person, by proxy or mail-in ballot then the mail-in ballot would count toward the quorum. A number of yrs ago, AZ enacted a law requiring HOAs to use mail-in ballots. In order to prevent any doubt, the statute states that the mail-in ballot counts toward a quorum. Usually any means of casting a vote that is specified in the bylaws counts toward the quorum.

JerryV (Florida)
Posts: 45

Posted:

Thanks, everyone for your responses. Our bylaws state that absentee ballots count towards a quorum. The new budget which we are going to vote on is actually less than last year so it won't hurt us if we have to use last years #'s. My main concern is board members whose terms are ending and are not seeking reelection (such as myself and three others) Do we still remain on the board until we can have a rescheduled annual meeting or special meeting?

GlenL (Ohio)
Posts: 5,491

Posted:

Jerry if there is no election held you would remain on the Board until you resign, it would then be up to the remaining Board members to appoint someone to fill your vacancy.

Studies show that 5 out of 4 people have problems with fractions

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