Reduced Quorum Requirements.

Fred,

I'll try!

At the initial meeting a quorum of 51% is required. If not met another meeting may be scheduled.

At least a 10-day notice is required for the rescheduled meeting; however it cannot be held less than 5 days nor more than 30 days from the original meeting date. The quorum for the rescheduled meeting is reduced to 26%.

If the meeting must be rescheduled because of a lack of quorum, no "other" business may be transacted at that meeting. IMO, this means only the business that was to take place at the original meeting can take place at the rescheduled meeting.

1) At all meetings of owners, a quorum for the transaction of business through the presence or by proxy of such members, shall be established at fifty-one (51%) of the total voting power of the association which shall be sufficient for the passage of any motion or adoption of any resolution, except in connection with amendment or repeal of this Declaration, as hereinafter set forth under Articles X or XVI.

Means: Quorum needed to conduct business (pass any motion or hold election) at an Annual Meeting (EXCEPT amendment of Declaration), is 51% of the members - either in person OR by proxy.

2) If the required quorum is not present, another meeting may be called subject to the written notice requirements sent to all members at least ten (10) days in advance of such meeting, and the required at the subsequent meeting shall be one-half (1/2) of the required quorum for the preceding meeting.
Means: if the original meeting did NOT reach the quorum, give notice for another meeting at least 10 days, where the quorum is REDUCED to 1/2 of the original quorum.

3) In the absence of a quorum at a meeting of members, a majority of those present in person or by proxy may adjourn the meeting to another time, but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date.
Means: Not clear if this applies to step 1 AND step 2 - or - maybe JUST step 1. But means if a quorum can't be met, then those there AND by proxy can vote (by majority) to adjourn to another time, but only to deal with a specific agenda item (elections?) This meeting must be within 5 - 30 days of the ORIGINAL meeting date.

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It sounds like this give the association some BROAD alternative options for conducting business (like an election) when it is having trouble getting a quorum at the original meeting. What is not clear is how the proxies fit in terms of voting power.

In short, IMHO, the QUORUM for the original meeting is too high. If elections aren't that important, then whomever is there ought to hold them and everyone gets the Board that is voted in.

Subject to this.......

Written Notice of Meetings........ Written notice of regular and special meetings shall be given to members by the Board at least ten (10) days in advance of any such meeting. The notice shall specify the date, time and place of meeting and in the case of a special meeting, the nature of business to be undertaken. A special meeting of members of the Association shall be promptly called by the Board upon: (a) the vote for such a meeting by a majority of a quorum of the Board; or (b) receipt or written request therefor, signed by members representing twenty-five (25%) percent of the total voting power of the Association, or by members representing not less than fifteen (15%) percent of the voting power residing in members other than Declarant.

Who """ MAY """ reduced the meeting to 25% is the question I have.....

Its a serious control issue in our complex. Before the new election law of 2006 they used to reduce the quorum. Than they stopped to keep certian homeowners off the board. 200 units and we only got 1/3 the votes. With the reduction it works....without, they control for life.

Fred,

Sorry I meant to add:

Because this is a meeting of the members, the members -- not just the board -- would have to vote on the adjournment.

IMHO -

The minute that the meeting was declared unquorate, someone should have motioned for the meeting to be adjourned to another date within 5 - 30 days FOR THE PURPOSE OF THE ELECTION ONLY. It would have needed a majority vote to approve.

It says you can do this!!! "In the absence of a quorum at a meeting of members, a majority of those present in person or by proxy may adjourn the meeting to another time, but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date."