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No Quorom Is Present...


Guest Mike B

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If no quorom is present at a HOA yearly meeting, what should be done? We normally would approve a new budget and elect new officers. Do we schedule another meeting and try again or move forward with the same budget and existing officers?

We only meet once a year and our bylaws only say that we must have a quorum present.

Thanks for any advise.

Mike

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Mike B, on 08 June 2012 - 02:29 PM, said:

If no quorom is preent at a HOA yearly meeting, what should be done? We normally would approve a new budget and elect new officers. Do we schedule another meeting and try again or move forward with the same budget and existing officers?

We only meet once a year and our bylaws only say that we must have a quorum present.

Thanks for any advise.

Mike

There is very little that an inquorate meeting can do (see RONR 11th ed. pp. 347-348) -- however, one of the permitted actions is to fix the time to which to adjourn (which would give you a chance to try again to conduct the necessary business of the annual meeting). Another permitted action is to take measures to obtain a quorum (for example, if you are close to having enough members, the assembly could decide to make phone calls to absent members, or send people to knock on a few doors, and encourage absent members to show up at the meeting).

Whether the existing officers stay in office if no election takes place will depend on how the term of office is defined in the bylaws -- if the phrase 'until successors are elected' is in there, they probably do stay in office until -- well -- until their successors are elected, whenever that is. As for moving forward with the budget that was approved for a different year (?) that sounds quite unlikely. I guess it depends on the language of the motion by which the previous budget was adopted.

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Set what is called an "Adjourned Meeting" (see p. 93) by adopting the motion "Fix the Time to which to Adjourn" (p. 242), and adjourn. No other business. Then beat the bushes to get a quorum to show up at the adjourned meeting -- it is technically just a continuation of your Annual Meeting and you can do all your business then.

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Thanks for your replies! Our association only meets once a year. If a quorum is not present, can the Board decide to just wait a full year until our next scheduled meeting and continue "business as usual"? I don't think so, but wanted some other opinions. Should they have just rescheduled another meeting for the next month? Our bylaws have no provisions for this.

Just curious. Thanks again!

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Should they have just rescheduled another meeting for the next month?

As Mr. Stackpole suggested, "they", meaning the general membership at the annual meeting, not the board, should "adjourn" (continue) the meeting to a more convenient date. It could be the next day or the next week or the next month. The board should have nothing to do with it. The board conducts its business at meetings of the board, not meetings of the general membership.

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Thanks for your replies! Our association only meets once a year. If a quorum is not present, can the Board decide to just wait a full year until our next scheduled meeting and continue "business as usual"? I don't think so, but wanted some other opinions. Should they have just rescheduled another meeting for the next month? Our bylaws have no provisions for this.

Just curious. Thanks again!

Then be curious enough to read the replies you got so far, which tell you how the situation should be handled. If this is indeed a meeting of the membership, then it is the members who do show up at the (inquorate) meeting who can decide what date to adjourn to. What would make you think the Board would be involved in any way?

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Thanks for your replies! Our association only meets once a year. If a quorum is not present, can the Board decide to just wait a full year until our next scheduled meeting and continue "business as usual"? I don't think so, but wanted some other opinions. Should they have just rescheduled another meeting for the next month? Our bylaws have no provisions for this.

Just curious. Thanks again!

I suspect the poster's problem with the earlier answers in this thread is that the described events have already happened (note the tense used), so the annual membership meeting is probably already over, and no adjourned meeting was set... Perhaps the real question Mike B. wants to ask is what to do now?

Mike B.?

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  • 3 weeks later...

I suspect the poster's problem with the earlier answers in this thread is that the described events have already happened (note the tense used), so the annual membership meeting is probably already over, and no adjourned meeting was set... Perhaps the real question Mike B. wants to ask is what to do now?

Mike B.?

Yes, you caught me. ;-) Our board runs our annual meetings, not the membership. Maybe we are wrong, but it has worked fine for 18 years. This is our first year in which we did not have a quorum present. It was handled wrongly, I believe, and I was just trying to get some advise for the future. The board has now scheduled another meeting so we can vote on a budget and a new board. Hopefully, this will solve the current issue of operating without an approved budget and elected officers.

Then be curious enough to read the replies you got so far, which tell you how the situation should be handled. If this is indeed a meeting of the membership, then it is the members who do show up at the (inquorate) meeting who can decide what date to adjourn to. What would make you think the Board would be involved in any way?

NOT helpful!

Thanks everyone for your input. I believe we will run things a little differently in the future after reading your comments.

Mike B

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