Quorums for Election of Directors
A “quorum” is the required minimum of number of votes present in person, by proxy and/or by ballot required before an association may count the votes for directors. The quorum is usually defined in the association’s election rules or bylaws, but sometimes in the association’s CC&Rs. A quorum of the board is not required at the annual meeting of the homeowners or membership meetings in order to conduct the meeting. For such meetings, a quorum of members is required, not board members.
Due to the difficulty of achieving a quorum, many associations have a descending quorum requirement such as 50% plus one vote for the first meeting and 25% for adjourned meetings. The period between meetings is usually found in the election rules or bylaws and is usually not less than 5 nor more than 30 calendar days. Some associations amend their documents to eliminate quorum requirements for the election of directors.
If a member’s voting rights are suspended, the quorum numbers are adjusted. For example, if an association consists of 100 members and the quorum is a majority of the voting power, the quorum is 51 members. If, however, 2 members have their voting rights suspended, the voting power is 98 and the quorum is 50.
If a quorum is not achieved, the members at the meeting may adjourn the meeting to a later date but may not conduct any other business.