quorum

[Dreams]

According to our bylaws, we are supposed to have 16 members on our board. We didnt replace the member after he resigned because there were only a few meetings left for the remainder of that member's 3 year term, and if someone took the seat, it would have counted as a full 3 year term served for the person instead of just a few remaining meetings. It seemed to be disadvantageous and not practical.

My question is, is our quorum based on the 16 we should ideally have or the current 15 members that we have? e.g. is it 9 or 8 that make a quorum for us right now?

Thank you.

[Gary Novosielski]

According to our bylaws, we are supposed to have 16 members on our board. We didnt replace the member after he resigned because there were only a few meetings left for the remainder of that member's 3 year term, and if someone took the seat, it would have counted as a full 3 year term served for the person instead of just a few remaining meetings. It seemed to be disadvantageous and not practical.

My question is, is our quorum based on the 16 we should ideally have or the current 15 members that we have? e.g. is it 9 or 8 that make a quorum for us right now?

Thank you.

First, if the bylaws say you are supposed to have 16 members, you don't get to decide not to.

Second, if someone serves less than half a term that does not count as a term for term-limit purposes.

Third, your quorum is based on whatever your bylaws say it is based on, which you have not told us. But if it is based on members, then when you have fewer members you can have a smaller quorum, depending what the language is. If your bylaws are silent on a quorum for the board then it is a majority of the members of the board.