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Annual Meeting Election does not meet quorum


Guest Ruby D

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HOA holds Annual Meeting for election of Board which is 7 positions, each are 1 year terms. By Laws define quorum as 10% of members in good standing. Management Co. based quorum on entire membership count and announced no quorum,not a valid election, another vote will not be done, previous Board is seated by default based on By Laws "shall hold office until successor is elected and qualified".

Can previous year Board continue to stay in place until Annual Meeting & Election next year?

Is Management Co obligated to recalculate quorum and re-qualify each ballot?

If Management Co recalculates quorum and qualifies each ballot and still comes out not meeting quorum - Is another election mandated to take place?

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Can previous year Board continue to stay in place until Annual Meeting & Election next year?

Yes, and it seems they will unless you can call a special meeting. You should have set up an adjourned meeting, but it's too late for that now.

Is Management Co obligated to recalculate quorum and re-qualify each ballot?

No, but either the board or the general membership could order it do to so. The board seems unlikely to do this.

If Management Co recalculates quorum and qualifies each ballot and still comes out not meeting quorum - Is another election mandated to take place?

The assembly should have a special meeting and conduct another election, yes. It is not appropriate to abandon the elections because quorum could not be obtained at the meeting. Whether it is practical to get a quorum together for a special meeting is another story.

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