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Subject: Quorum??

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SwanB
(Washington)

Posts:194

06/21/2006 9:06 PM
Our governing documents state: The presence in person or by proxy of ten percent (10%) of all members of the Community Club shall constitute a quorum for the transaction of business at any meeting of the members. Each member member of the Community Club shall be entitled to one (1) vote in person or by proxy upon each subject properly submitted to vote. Proxies shall be signed and filed with the Secretary of the Community Club prior to the opening of the meeting at which filed, unless by their express terms they are given for a longer duration. We have 441 members. Our quorum would be 44 members at our Annual General meeting. My question is this. If our meeting starts with 100 members attending holding 20 proxies for a total of 120 members represented...we have a quorum. As the meeting carries on, members start to leave. If the meeting is 4 hours long and 75 members have left by the time we are voting on an motion, do we recount for our quorum? The quorum fluctuates at a meeting doesn't it? How do others deal with a fluctuating attendance at meetings as far as your quorum goes. Do you take the count at the beginning and stand by that count or do you recount at intervals?

MarieG
(Florida)

Posts:11

06/22/2006 5:46 AM
Very simple......A quorum is counted at the beginning of the meeting and it should not matter if people come and go during the meeting. These questions should be answered by your association manager. If he/she can't, fire them.

RogerB
(Colorado)

Posts:3725

06/22/2006 6:19 AM
Good question Swan. The quorum is verified and required BEFORE the meeting is called to order. Once the meeting is called to order business can be transacted until the meeting is adjourned. One exception is when there is not a quorum present a future meeting can usually be established with a lower percentage required for a quorum.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

SwanB
(Washington)

Posts:194

06/22/2006 6:33 AM
We have a group of members who demand the quorum be recounted during our Annual General meeting because they insist the quorum fluctuates. The precedent was set back in 2004 when the licensed parliamentarian who received a stipend for overseeing the meeting allowed the quorum to be recounted and a membership/quorum to be put into question on a controversial topic. Of course the parliamentarian was not invited back in 2005 or 2006...but those members keep returning and in 2005 we stood firm as the Board. No recount. Our AGM is Saturday and I wanted some 'formula' document but our State's RCWs don't offer any.

SwanB
(Washington)

Posts:194

06/22/2006 6:44 AM
MarieG: Thank you for your response. However please don't assume every person involved with this forum and HOA here has outside managers. Many of us use this forum because we are self-managers. If it was as easy as asking our association manager I wouldn't have bothered with this forum.

RogerB
(Colorado)

Posts:3725

06/22/2006 6:51 AM
Hey Swan, not to confuse the issue but you could ask those confused members: What if the quorum is 45 and less than 45 vote with the rest of the members abstaining? Do you think the vote is valid? On second thought it's probably better just to hand them a copy of Robert's Rules of Order

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

SwanB
(Washington)

Posts:194

06/22/2006 6:56 AM
If life could be so easy! Most of the dissenters are the type of individuals who like to speak at our meetings but don't get involved. One of them knows Roberts Rules of Orders inside out and will get into shouting matches with spittle flying if your interpretation doesn't match his...at 85 years old and hard of hearing, I would think his heart couldn't last through one more of those but it keeps on ticking. I sometimes check my back for a target and have to remember-it takes two to argue!!!

JulieS
(Georgia)

Posts:412

06/22/2006 9:26 AM
Maybe you could have the voting earlier in the meeting, or first thing when everyone is counted? I can't imagine a 4 hour annual meeting...if they are anything like ours were, I would leave too. I nipped the complaining, yelling and unproductive negativeness by having a presentation and election only, no open discussion. We let everyone know that there would not be an open discussion before hand and if you can believe this, none of the usual trouble makers showed up. Our covenants state that an annual meeting shall be held for the purpose of electing officers...so that is what we did. Meeting was done in 20 minutes. Best annual meeting ever.

GeraldT1

Posts:0

06/22/2006 12:53 PM
SwanB - Your meeting started with 120 members by person or proxy. This number is almost 3 times that necessary for a quorum. It is irrefutible, not only can transaction of business begin but that the vote can commence. Unfortunately 4 hours passed without a vote, why??? What was the real purpose of the meeting??? Regardless, since there were 25 members in person left after 4 hours, your quorum was 45 members (25 present plus the 20 proxies). You do not have to recount the vote, as long as the vote question was the same to count the 20 proxies it was a legal vote. In your scenario, taking the count at the beginning or at intervals, or at the end is irrelevant. You ALWAYS had a quorum. GeraldT1

SwanB
(Washington)

Posts:194

06/23/2006 12:18 PM
Our annual general meetings last close to 4 hours and we vote on our proposed bylaw amendments; proposed five-year capital budget; elect any board positions that are open; deal with unfinished and new business. We then adjourn and reconvene in an hour or so for a very social barbecue. Our attendance usually is around 125 members with approx. 50-75 proxies. Our total voting membership is 375. We are one of three gated associations in the area and all of these associations have similar annual meetings that last as long although with very different issues but with similar attendance and participation. Sure we get members leaving, especially if the debate becomes contentious or long or the weather is too nice and tennis is calling.... But I think we are in the lucky minority here.

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