Guest Maureen Burke Posted March 29, 2014 at 06:33 PM Report Share Posted March 29, 2014 at 06:33 PM 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 More sharing options...
Josh Martin Posted March 29, 2014 at 06:37 PM Report Share Posted March 29, 2014 at 06:37 PM 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 More sharing options...
Guest Nancy N. Posted March 29, 2014 at 06:44 PM Report Share Posted March 29, 2014 at 06:44 PM 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 More sharing options...
Guest Nancy N. Posted March 29, 2014 at 06:46 PM Report Share Posted March 29, 2014 at 06:46 PM (We even italicize the same one word, independently. Are these great minds, or are we jsut well-trained?) Link to comment Share on other sites More sharing options...
Guest Maureen Posted March 30, 2014 at 01:43 PM Report Share Posted March 30, 2014 at 01:43 PM Thank you, Josh! Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 30, 2014 at 10:16 PM Report Share Posted March 30, 2014 at 10:16 PM Well, you are entirely correct except for the fact that only 66 voted, not 68. Link to comment Share on other sites More sharing options...
Guest Edgar Posted March 30, 2014 at 10:22 PM Report Share Posted March 30, 2014 at 10:22 PM Well, you are entirely correct except for the fact that only 66 voted, not 68. You seem to be assuming an error in the sum. There could just as well be an error in the addends. Link to comment Share on other sites More sharing options...
Guest Maureen B. Posted April 3, 2014 at 06:33 PM Report Share Posted April 3, 2014 at 06:33 PM Geez, it was a TYPO! Sixty-six voted; not sixty-eight. Forgive me! Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 4, 2014 at 06:14 PM Report Share Posted April 4, 2014 at 06:14 PM You seem to be assuming an error in the sum. There could just as well be an error in the addends. Maybe, but there's a lot of truth in what actually happens: Sixty-six voted; not sixty-eight. Link to comment Share on other sites More sharing options...
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