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The effect of abstaining votes in establishing a quorum


johnsellers

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Our HOA recently convened a special meeting to approve reducing the meeting quorum requirements from 51% of members to 25%

 

They did this with an absentee ballot.

 

Most of the absentee ballots voted for or against the motion, but not enough to establish a quorum physically present or by absentee ballots. They then also counted a number of absentee ballots which "abstained" and in so doing crossed the 51% threshold. As a majority of the votes cast were in favor of the changes, the HOA maintain the reduced quorum is therefore approved.

 

Should these abstaining absentee ballots have counted count for the purposes of establishing a quorum?

 

Whilst this appears to be covered in the FAQ's, I've seen some views on the web to the contrary.

 

See the minutes evidencing this attached.

 

 

 

 

Minutes of May 29, 2014.pdf

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They then also counted a number of absentee ballots which "abstained" and in so doing crossed the 51% threshold. 

 

I'm afraid you'll have to look to your own rules (and any applicable laws) for the answer. In RONR-Land, quorums are established by the physical presence of members (whether they vote or not).

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