Quorum

Q

Can Board of Directors have discussions about the community outside a formal Board of Directors meeting? Example: Board member #1 says to Board member #2, who has a background in landscaping, “What do you think of planting marigold at the entrance?” or sends an email to more than 1 other Board member the same question. Does this constitute a meeting or is it casual conversation for further discussion at a meeting?

- Robin

A

Your association’s governing documents or state statutes may define what constitutes a quorum of the board and requirements for owner notice. Most states and documents do not define a quorum as two board members having an informal conversation on a topic relating to the association’s operations.

Sincerely,

Margey


Q

Our meeting room will not physically hold the number of voters needed to ratify any rules changes. We also never have any success getting the necessary attendance to pass anything. Could we use a ballot initiative to reduce the number of voters necessary for a quorum to a simple majority of those in attendance at the meetings?

- Harry

A

Many community associations do not have adequate room onsite to hold membership meetings. To accommodate everyone who wants to attend, there are several options:

  1. Ask a Realtor, attorney or other professional who serves your area if you could use his or her meeting room, if it is adequate.
  2. Rent a meeting room in a school (cafeteria), church or hotel.
  3. Take advantage of free room availability at your local library.
  4. Reserve a community room that may be offered by a law enforcement entity or mall.

Reaching quorum is possible – really! Check out the articles listed in www.associationtimes.com using the search field and the keyword “quorum”. (Also, see the article  “Achieving Quorum” .)

Reducing quorum requirements requires an amendment to the governing document that defines the number of members who comprise a quorum. Check your association’s declaration or bylaws as well as state statutes to determine 1) the specific process for gathering and counting votes; 2) the percentage of votes necessary to pass the amendment, and 3) state statutes that supersede the governing document amendment process or require a different quorum count. I strongly encourage you to consult with your association’s legal counsel before proceeding with any effort to amend the documents to ensure that your efforts will be valid and enforceable.

Sincerely,

Margey


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