Jump to content
The Official RONR Q & A Forums

"Present AND Voting" Question


Guest Maureen Burke

Recommended Posts

Guest Maureen Burke

Our condo bylaws require that "a quorum of members is required to transact business at all regular or special meetings".

 

Our condo by-laws also state that "By-laws may be amended by two-thirds vote of the designated unit members present and voting at any regular or special meeting, provided that a quorum is present."

 

At our recent Annual Meeting and Election (Roberts Rules prevails, per our by-laws),  we had a quorum (75), so we were legally able to transact business.  There were two issues to vote on.

 

(1.) 110 members voted to elect the new Board of Directors.

(2.)  Only 68 members voted to amend an existing by-law regarding window treatments. (48 in favor/18 against)

 

Question: Since the number of members who voted on the by-law amendment were less than a quorum, does the vote count?  I think it does, because it requires a "two-thirds vote of those present AND voting".  If it required a two-thirds vote of "those present", then it would have failed.   But we had two groups of people there; (a) members present and NOT voting; and (b.) members present AND voting.   There was a quorum present, although less than a quorum voted. 

 

What is the correct answer?  Thank you.

Link to comment
Share on other sites

Question: Since the number of members who voted on the by-law amendment were less than a quorum, does the vote count?  I think it does, because it requires a "two-thirds vote of those present AND voting".  If it required a two-thirds vote of "those present", then it would have failed.   But we had two groups of people there; (a) members present and NOT voting; and (b.) members present AND voting.   There was a quorum present, although less than a quorum voted. 

 

What is the correct answer?  Thank you.

 

You are entirely correct. A vote of 48-18 is sufficient to adopt a motion which requires a "two-thirds vote of those present and voting." The quorum requirement is the number of members who must be present. The fact that less than a quorum votes on a particular motion does not affect the motion's validity.

Link to comment
Share on other sites

I take it that you're worried that "a quorum of members is required to transact business" means that at least a quorum has to participate in the voting on a motion, for that action to be valid?

 

Ms. Burke, that's admirably fine attention to detail, but over-thinking it.  Relax.  Yes, the vote on the bylaws-amendment counts.  The need for a quorum to be present at a meeting doesn't affect anyone's right to abstain.  (I'm concerned about how 48 voting in favor, and 18 against, amounted to 68 voting.  But I advised you to relax, so I'm going to relax too.)

 

Citations available on request. (Actually, try and stop 'em...)

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...