Math Question - Quorum

1) do your rules say that owners not paid in assessments are not allowed to vote?
2) are your sure your rules say a quorum is 51%, and not a majority is 51%

1) do your rules say that owners not paid in assessments are not allowed to vote?
Yes
2) are your sure your rules say a quorum is 51%, and not a majority is 51%
Yes

I live in the same community: The bylaws say " ... the presence at the beginning of any meeting of Members entitled to cast fifty-one (51%) of the votes of the Association constitutes a quorum throughout that meeting for any action. ... "

I find it odd that the quorum requirement is tied to voting restrictions.

A member who attends a meeting should be considered as counting toward the quorum, even if that person cannot or does not choose to vote.

51% for a quorum is very high. - IMHO.

You might also check state laws regarding making people ineligible to vote based on owing assessments. Some states prohibit the practice. (Partly because some HOA boards have abused the system in assessing fees to make more people ineligible to vote.)

I do enjoy math, and mathematics is not one of my weak points (9 semesters of math at the college level).

But, I don't think this is really a math problem. I think it has more to do with the interpretation of the bylaws and the statute.

Daryl replied that the governing documents do state that that an owner who is delinquent in their dues is not eligible to vote. That means that Brad's comment about owners not being given "due notice" before the meeting is irrelevent. Since the requirement is stated in the governing documents, everyone has been given due notice prior to the meeting that they would be ineligible to vote if their dues were not paid.

Both Daryl and Tina say that the quorum requirement is 51% and not merely a majority, and furthermore, even though it is higher than the statutory requirement, the bylaws trump the statute because the statute itself contains the phrase, "unless the governing documents specify a different percentage," which they do.

So, we are left with the definition of the quorum stated in the bylaws, which I think Mary analyzed perfectly. So, I agree with Mary's, interpretation, which is also the same as several others. The answer is C.

I think it's important to establish member status in an election but I've now lived in two associations and member status has never been assessed except in retaliation for complaining about the association. Is there a legal obligation for an association to verify members are in good standing before allowing voting?

At the annual meeting, all members sign in, according to address (some couples come, but only one vote is allowed; some renters come along with owner, etc.)

But even before that, members should know when their voting rights are NOT in force. At the time of the Annual Meeting sign-in, it is confirmed with the homeowner whether they have voting rights, or not.

I knew I should have went with C...backs up my theory, when in doubt pick C!

Emma it is different for every state. In Ohio a BOD can restrict a member's right to vote if they are 30 days delinquent in condo communities but has no law governing HOA's at this time. In California it can be done but there are definite steps the BOD must go through first.

1. The procedure for suspending voting rights must be in the articles or bylaws. In the alternative, it must be annually sent to all members.

2. The person must be given written notice by either personal delivery or first-class mail, at least 10 days prior to the meeting at which voting rights will be suspended (unless the governing documents provide for a longer notice period). The notice must contain the following:

a. The date, time, and place of the hearing,
b. The nature of the alleged violation for which a member may be disciplined, and
c. A statement that the member has a right to attend the hearing and present evidence in his/her defense

3. A hearing must be held where a member has the right to submit their defense in writing rather than make an appearance before the board.

4. If the board suspends the member's voting rights, notice of the suspension must be given by personal delivery or first-class mail within 15 days following the board's decision (unless the governing documents provide a shorter notice requirement) and at least 5 days prior to the effective date of the suspension. Once imposed, suspension of voting rights may continue until such time as the violation ceases.

Exactly Gerald, but even those that paid the fee in effect were told they couldn't vote either until they paid the remaining balance of the increased dues.

The Declarant Board considered it resolved when they recorded the amendment even though the amendment: 1) wasn't sent out to all homeowners after recordation or prior to the turnover meeting and 2) was prepared and recorded after the 2008 assessment billing had gone out with an incorrect raise in dues. The homeowners weren't even notified prior to the increase, we only found out about the increase when the invoices were sent out.