HOA Elections - Quorum issues

Our hoa attempted an election of board members without success due to lack of quorum. A second attempt occurred, new nomination forms were sent out, new ballots and a new meeting date sent. Again the board stated we did not have a quorum therefore the current board would stay in office for another year, no further attempts to hold an election would be made.

Our governing documents state "If any meeting of the members cannot be organized because a quorum is not present, a majority of the members who are present, either in person or by proxy, may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the time the original meeting was called, at which meeting the quorum requirement shall be the presence in person or by proxy of the members holding at least twenty-five percent (25%) of the voting power of the association..."

I read this clause to mean the quorum requirement for the second meeting is lowerd to 25% from the original "majority" requirement. When I asked about this in a subsequent board meeting, I was told by the representative from the management company, the hoa attorney was consulted on this clause and it was suggested since a proxy cannot not vote to adjourn a meeting this clause is a moot issue and therefore the original majority quorum requirement stands.

Is this true? As a member how can I force an election to occur? There are many issues with the election procedures in general including 1) the hoa has no election rules as described in 1363.03 ca civil code 2) some ballots were received by a board member (not the management company) who is running for reelection, and brought to the meeting 3) A board member (who is also an employee of the association as an onsite manager) used his office phone, paid by the association, during work hours to call and remind people to vote.

Thanks for any help, I don't even know where to start in dealing with this issue. I have addressed my issues to the board who doesn't seem to care.

Thanks Jeff that's how I understood it also. Now, the first meeting was never officially adjourned. The board said, we don't have enough ballots so we can't hold a meeting and everyone left. Is that sufficent for an adjournment.

The second question is how do I enforce the 25% clause if the board and management company are unwilling to cooperate?

So now what?

Since the motion wasn't made at the meeting, the decision is now the Boards.

You may solicit signatures for a special meeting of the membership to discuss whatever the last meeting was for. The Board would then have to hold that meeting with the initial quorum requirements. If a quorum is not available at this meeting, you can then make the motion prior to adjournment.

Yes to all of your questions